IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
The fight for leverage and control: the ever tightening grip of DIP lenders in insolvency proceedings
Wednesday 5 November (1430 - 1545)
Committee(s)
Insolvency Section
(Lead)
Description
As companies undergo insolvency proceedings, DIP lenders often provide vital financing to ensure continuity. However, their influence—exercised through stringent terms and control rights—can significantly limit the debtor's autonomy and affect other stakeholders, sometimes leading to disputes or litigation. This panel will explore the evolving scope of DIP lender control, examining the legal boundaries and practical implications of when such influence crosses the line and will discuss recent case law in which these discussions have taken place.