The Scope of Indemnification in DIP Financing Agreements

This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.

9 minute read March 28, 2013 at 04:24 PM
By
Thomas Fawkes And Elizabeth L. Janczak
The Scope of Indemnification in DIP Financing Agreements

In filing for bankruptcy, one of the most important decisions a debtor makes is with regard to debtor-in-possession (“DIP”) financing. Typically, a debtor negotiates with its pre-petition lender who then finances the Chapter 11 case.

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