An Invitation to Join the ConversationDigging Out of a Troubled Real Estate Investment: How to Find,...

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An Invitation to Join the Conversation July 22 – 24 Carlsbad, California La Costa Sponsors PLATINUM IntraLinks, Inc GOLD Crowe Horwath LLP Greenberg Traurig LLP NRC Realty Advisors LLC Shulman Hodges & Bastian LLP Wells Fargo Business Credit Wells Fargo Foothill SILVER Allen Matkins Leck Gamble Mallory & Natsis LLP AlixPartners BDO Consulting CRG Partners Group LLC Dewey & Le Boeuf LLP Dorsey & Whitney LLP EPIQ Systems Inc FTI Consulting Inc Getzler Henrich & Associates LLC Pachulski Stang Ziehl & Jones PC Peitzman Weg & Kempinksy LLP Prolman Associates The Scotland Group Inc Tiger Valuation BRONZE Alston & Bird LLP Andrew M. Toft, Attorney At Law Arcstone Partners Inc Arent Fox LLP Cogent Valuations DSI – Development Specialists Inc Fennemore Craig PC FocalPoint Partners LLC Great American Group The Hilco Organization Markus Williams Young & Zimmermann LLC Marlin Equity Partners r2 advisors llc Renaissance Management Partners Sierra Consulting Group Sonnenschein Nash & Rosenthal LLP Winthrop Couchot PC TMA Western Regional Conference 2009

Transcript of An Invitation to Join the ConversationDigging Out of a Troubled Real Estate Investment: How to Find,...

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An Invitation to Join the Conversation July 22 – 24Carlsbad, California La Costa

Sponsors

PLATINUM IntraLinks, Inc

GOLDCrowe Horwath LLP Greenberg Traurig LLP NRC Realty Advisors LLC Shulman Hodges & Bastian LLP Wells Fargo Business CreditWells Fargo Foothill

SILVERAllen Matkins Leck Gamble Mallory & Natsis LLPAlixPartners BDO Consulting CRG Partners Group LLC Dewey & Le Boeuf LLP Dorsey & Whitney LLP EPIQ Systems IncFTI Consulting IncGetzler Henrich & Associates LLC Pachulski Stang Ziehl & Jones PCPeitzman Weg & Kempinksy LLPProlman AssociatesThe Scotland Group IncTiger Valuation

BRONZEAlston & Bird LLPAndrew M. Toft, Attorney At Law Arcstone Partners Inc Arent Fox LLP Cogent ValuationsDSI – Development Specialists Inc Fennemore Craig PC FocalPoint Partners LLC Great American Group The Hilco Organization Markus Williams Young & Zimmermann LLCMarlin Equity Partners r2 advisors llcRenaissance Management PartnersSierra Consulting GroupSonnenschein Nash & Rosenthal LLPWinthrop Couchot PC

TMA Western Regional Conference2

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Conference Co-ChairsScott Gautier, Peitzman Weg & Kempinsky LLPTom Kim, r2 advisors llc

Attendance Committee Co-ChairsWilliam Creelman, BDO ConsultingMitch Ryan, EPIQ Systems Inc.

Budget Committee ChairNathan Cook, AlixPartners

Education Committee ChairSara Chenetz, Sonnenschein Nath & Rosenthal LLP

Social Events Committee ChairJosh Cashman, Arcstone Partners Inc.

Sponsorship Committee ChairJeff Pomerantz, NRC Realty Advisors LLC

Committee MembersDale Belt, Sierra Consulting GroupTedd Burr, Sierra Consulting GroupJohn Clemency, Greenburg Taurig LLPMark Gustafson, Wells Fargo Business CreditAnnette Jarvis, Dorsey & Whitney LLPAlex Stevenson, FocalPoint Partners LLCJames Taggart, Renaissance Management PartnersJames Timko, Allen Matkins Leck Gamble Mallory & Natsis LLPAndrew Toft, Andrew M Toft, Attorney At LawMarc Winthrop, Winthrop Couchot PCBennett Young, Dewey & LeBoeuf LLPLinda Zimmermann, Markus Williams Young & Zimmermann LLC

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Dear TMA Members and Distressed Business Professionals:

It is our pleasure to invite you to attend the 2009 TMA Western Regional Conference at La Costa in Carlsbad, California. It is our sincere hope that you will take advantage of this event — a dynamic opportunity to “Join The Conversation” with fellow professionals in these trying economic times.

The educational programs are designed to break from the traditional lecture structure and professional networking will take on new meaning at the 2009 TMA Western Regional Conference. Our goal is to provide a forum for relevant meaningful content and the opportunity to make an impression on new professional contacts that extends beyond trading business cards and sharing a cocktail.

We are energized about the 2009 TMA Western Regional Conference. The Conference Board has worked very hard to build a memorable event and we hope that you will support the TMA, get involved and “Join The Conversation”!

Conference Co-chairs:

Scott Gautier Thomas KimPeitzman Weg & Kempinsky, LLP r2 advisors, llc

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This Is The Conference You’ve Been Searching For•Discover how to deal with today’s limited financing and soft M & A markets•Learn best practices, which industries are ripe for restructuring & what’s next•Take advantage of structured networking activities to connect with your peers & build relationships for referrals and case resources•Meet professionals from Arizona, California, Colorado, Utah, Nevada and Washington to expand your practice area•Hear what’s happening in the leading edge and bleeding edge cases•Ask questions and get answers from the people doing the deals

Build Your NetworkWant to have some fun and discover how other high-value participants work as a team on problem solving? Tell us the types of people you want to meet by checking boxes on the registration form, and the conference will customize your dream team. Then we’ll turn you loose on Thursday afternoon for wine blending, boat building and racing or a culinary iron chef challenge pitting team against team.

Bring your inner child, your competitive adult and your sense of adventure. You’ll have fun, meet new people, use your life skills, and exercise your leadership skills as you mold outside the box solutions for the team’s challenges.

ScheduleWednesday, July 22, 2009

10:00 am Golf 2:00 pm Tennis 12:00 pm – 8:00 pm Conference Registration Open 1:00 pm – 5:00 pm Exhibitor Set-Up 6:00 pm – 8:00 pm Welcome Reception

Thursday, July 23, 2009 8:00 am – 9:00 am Continental Breakfast 9:00 am – 12:00 pm Educational Program 12:15 pm – 4:00 pm Lunch & Networking Team Building Activities 6:30 pm – 9:30 pm Dinner & Monte Carlo Night

Friday, July 24, 2009 8:00 am – 9:00 am Continental Breakfast 9:00 am – 12:00 pm Educational Program 12:00 pm – 2:00 pm Closing Luncheon & Keynote 2:00 pm On Your Own – For Optional Activities go to www.tmaconference.com Golf, Tennis, Surfing, Kayaking, Sea World, San Diego Zoo, San Diego Wild Animal Park, Legoland, Mountain Biking, K-2 Go Cart Racing

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TMA Western Regional Conference – Educational ProgramRestructuring in the Summer of 2009Hear insights from expert legal, financial advisory, lender and investor viewpoint on how current law facilitates and hampers restructurings, when it is best to undertake operational and balance sheet changes, the best ways to do so in the then current economic climate, how lenders decide when to forebear, extend new credit or foreclose in the credit markets of the day, and what investors seek and are willing to do when they invest in distressed businesses in the summer of 2009.

Moderator PanelistsMichael Carr Gail K. Bernstein Nathan Cook Mette Kurth John WeycampAmerican Capital LTD PNC Business Credit AlixPartners LLC Arent Fox LLP Crowe HorwathLos Angeles, CA Pasadena, CA Los Angeles, CA Los Angeles, CA Grand Rapids, MI

Receiverships, ABCs and other Bankruptcy AlternativesThis panel will explore non-bankruptcy insolvency procedures that can maximize value for all constituencies, yet be more cost-effective and timely than a traditional bankruptcy solution. The panel brings three unique perspectives regarding non-bankruptcy alternatives, including the role of counsel, the estate fiduciary and the valuation expert. Drawing on their vast experience in complex settings, this panel will offer practical and timely analysis of the different options and make a compelling case that selection of a non-bankruptcy remedy often offers the best solution.

Moderator PanelistsBennett G. Young James C. Bastian, Jr. Steven D. Kam Susan L. UeckerDewey & LeBoeuf LLP Shulman, Hodges & Bastian LLP Cogent Valuation Uecker & Associates Inc.San Francisco, CA Foothill Ranch, CA San Francisco, CA San Francisco, CA

Finding Financing for Distressed Businesses in a Changing WorldIt would be an understatement to say that today’s capital markets have “contracted” or are “constrained.” The simple fact is, there are very few entities willing to finance turnarounds, restructurings and liquidations. More than ever, political policy is playing a role in investment strategy decisions that define the parameters of distressed business alternatives. The panel will discuss the sources and terms of available capital and speculate as to the timing and events that may foreshadow the return of traditional distressed capital markets.

Moderator PanelistsScott Gautier T. Scott Avila Jeremy Richards Ian Schnider Mark Weitz Peitzman Weg CRG Group Pachulski, Stang, Ziehl Fortress Investment Great American Group& Kempinsky LLP Los Angeles, CA & Jones LLP Group LLC Woodland Hills, CALos Angeles, CA Los Angeles, CA Los Angeles, CA

Is Black Oil in the Black? Can Corn be the New Oil? Will Green Energy Lead to Green Money? Exploring Distressed Energy OpportunitiesThis panel will explore the difficulties inherent in the energy field with oil prices hovering around $50 a barrel and the global economy in a recession. Problems that face secured lenders, including limited availability of DIP financing and existence of mechanics liens, navigating refining and retail blues, valuation issues, potential EPA concerns, whether green ever means green money for alternative energies, options for the oil field service downturn, and workout and investment opportunities in this difficult and complex area will be addressed.

Moderator PanelistsJim Taggart John Boken Craig Christensen Chad WeissRenaissance Mgmt. Partners Zolfo Cooper LLP Lindquist & Vennum PLLP JOG CapitalSalt Lake City, UT Los Angeles, CA Denver, CO Sarasota, FL Jackson, WY

Digging Out of a Troubled Real Estate Investment: How to Find, Create and Preserve Value in Troubled Real EstateThe torrent of commercial real estate defaults and their effect on the real estate industry as a whole will be discussed by experts who find, create and maximize value in troubled real estate. Lender, investor, owner, developer and landlord/tenant issues will be addressed.

Moderator PanelistsJames A. Timko William Allen Cynthia Nelson Dennis Ruben Adam EvansAllen Matkins Leck Gamble Allen Partners Inc FTI Consulting Inc NRC Realty Hilco Appraisal Mallory & Natsis LLP Newport Beach, CA Los Angeles, CA Advisors LLC Services Inc Irvine, CA Scottsdale, AZ Los Angeles, CA

Surfing More Than the Internet: Helping Hi-Tech Companies Ride the Economic TsunamiRide the waves with the panelists, as they talk about how to avoid the wipeout and catch the fat wave in restructuring hi-tech companies, how to rip your way through valuing IP assets, and how to follow the wake and avoid getting walled off in current credit markets. Explore how to hang loose in the hi-tech industry to ride this economic tsunami.

Moderator PanelistsAnnette W. Jarvis Weston Anson Kurt Marsden Gary Sbona Peter SpasovDorsey & Whitney LLP CONSOR Intellectual Wells Fargo/Foothill Regent Pacific Marlin EquitiesManagement Asset Management Capital San Francisco, CA Partners LLCSalt Lake City, UT La Jolla, CA Santa Monica, CA Los Angeles, CA

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CONFERENCE REGISTRATIONREGISTER BEFORE June 5, 2009 and Save!

Conference registration is on a first-come, first-serve basis. Attendance is limited. One couple or family perregistration form. Paid and complimentary registrants need to submit this form. Fill out the form completely.Note: You must be registered for the Conference in order to book a room at La Costa at reduced rates.PLEASE TYPE OR PRINT CLEARLY SO YOUR INFORMATION IS READABLE.Registrant’s Badge Name __________________________________________________________________________________Guest’s Badge Name ______________________________________________________________________________________Firm _______________________________________________________________________________________________________Street ____________________________________________________ City/St/Zip ______________________________________Telephone _______________________ E-Mail ________________________________________ Fax _______________________

Need special assistance? _______________________________________ Food Choice q Vegetarian

About You q Attorney q Investor q Service Provider q Turnaround/Financial q Other________________________Targeted Deal Size Small ($50 m/ less) Medium ($50/$500 m) Large ($500 m/over)Who You Want To Meet q Investor q Service Provider q Turnaround/Financial q Attorney q Other____________

Deadline: Early-Bird After Late/On-SiteRegistration Rates 6/5/09 6/12/09 6/26/09 Registrant Guest TotalAttendee Registrant (includes Wed. opening $595 $645 $695 _____ _____ _____reception, Thurs. bkfst, lunch, dinner & education; team building; Fri. breakfast , lunch & education)Guest (Wed. opening reception & Thurs. dinner) $300 $350 $400 _____ _____ _____Exhibitor (includes same as Attendee, 1 per booth) Comp Comp Comp _____ NA NAExhibitor Add’l Staff (includes same as Attendee) $450 $500 $550 _____ _____ _____

Pre-Conference Activities (Select one only) Price Registrant Guest TotalWednesday, July 22, 2009q Golf, La Costa Golf Course at 10:00 am $150 _____ _____ _____q Tennis — 1 hr. Clinic and 1 hr. play $100 _____ _____ _____(subject to minimum registration)Golf or Tennis Request to be paired with: ________________________ _______________________

Included Functions (please indicate your plans to attend or not) Registrant GuestWednesday Opening Reception q YES q NO q YES q NOThursday Network Building Activities – please rank choices (1st, 2nd, or 3rd)______ Boat Building ______ Culinary ______Wine BlendingThursday Monte Carlo Night & Dinner q YES q NO q YES q NO

TOTAL DUE __________________

Make check payable to JBS & Associates in the memo section, reference TMA Conference.Mail to: 954 La Mirada, Laguna Beach, CA 92651-3751 or Fax to: 949-497-2623Enclosed is my check for $_______________ (On a multi-person check, note the name of each person on the check)TMA prefers checks as it reduces our costs for credit card processing service charges.Payment: q Visa q MasterCard Exp. Date _________ Billing zip code ____________ Security Code _____________

Card Number ______________________________________________________________________________________________(Please print clearly)Name on Card ______________________________Signature ____________________________________________________(Please print clearly)

TMA Western Regional Conference Refund Policy: The conference registration, less a $50.00 service charge will be refunded if a written notice of cancellation is received by July 1, 2009. Substitutions are allowed with no service charge through July 13, 2009. Cancellations received after Monday July 13, 2009 at 5 pm (PST) are non–refundable.

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Pre-Conference Networking Golf – Wednesday 10am Tee OffWhen you walk the fairways at La Costa Resort & Spa in Carlsbad, California, you are following the same paths that the legends of the game have traveled for more than 30 years. The North and South 18-hole courses are both beautiful and traditional in design, providing a formidable challenge to a golfer’s shotmaking ability, both off the tee and around the greens. Four sets of tees provide a gold course length for all players to enjoy. Sign up for pre-conference golf on the TMA Conference Registration form. Tennis – Wednesday 2pm Clinic and PlayHost to prestigious tennis tournaments, La Costa has 17 clay and hard courts, as well as a staff of USPTA certified professionals. Begin your stay at La Costa with a group stroke clinic followed by social doubles play for an hour. Sign up for pre-conference tennis on the TMA Conference Registration form. Resort ActivitiesActivities are on your own, so make your reservations early, or drop in and enjoy La Costa.

Fitness Center – offers the latest in athletic equipment – plus a magnificent 270 degree view of the golf courses, the Athletic Club is an idea sanctuary for a work out. TMA Conference participants enjoy complimentary fitness center admission. Spa – is the ultimate relaxation and wellness retreat. Enjoy the tranquil and secluded spa pool and Jacuzzi, a wide variety of treatments, Roman waterfall showers and the Spa Café. Advanced reservations are recommended, please call 800-729-4772. Spa admission is complimentary with a treatment. Family Fun – comes for all ages. La Costa is family friendly and the TMA Conference offers the group rate and value added benefits for three days before and after the conference dates. Bring your family and enjoy all the summer fun that La Costa and the San Diego area offer. Kidtopia Kids

Club accepts infants to grade school age children for play and organized activities. Vibz Lounge for teens is a popular gathering spot with video games, pool and arcade amusements. Aquatics – kids pool, sandy beach pool, adult pool, private cabanas or water play area with slides – La Costa has a pool for your family. San Diego Area Attractions – add a few vacation days to the Conference and explore San Diego. The list could go on for pages, but here are a few world class ideas: Legoland, Birch Aquarium at Scripps Institution of Oceanography, San Diego Zoo or Wild Animal Park, Sea World, San Diego Air & Space Museum or all that San Diego Bay and Pacific Ocean offer from beach walking, biking, kayaking, hang gliding and sailing to scuba diving.

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LA COSTA HOTEL RESERVATIONTMA Western Regional Conference Dates Reservation DeadlineJuly 22 – 24, 2009 – Wednesday – Friday June 15, 2009 – FIRM DEADLINE

Hotel Registration is on a first-come, first-served basis. Space or room types may sell out before the reservation deadline date. Suites are expected to sell out quickly, so send your reservations in early. Reservations received after June 15th will be accepted on a space and rate available basis as the conference loses its guaranteed room block with the La Costa Resort & Spa. Reservation rates after June 15th, 2009 will be at higher rates, if available. Conference rates will be honored 3 days pre and post conference if the extra days are booked at the same time as your conference reservations. All rooms are non smoking.Mail completed hotel registration form and deposit check (payable to La Costa) or FAX with credit card number to: TMA Western Regional Conference • c/o JBS & Associates • 954 La Mirada St., Laguna Beach, CA 92651

FAX 949.497.2623 Questions? 949.497.3673 x 620Do not include your hotel deposit in the same check as your conference registration. One family per registration form. Use separate forms for multiple registrants from a company.

Reservations: Hotel registration WILL NOT be processed without receipt of conference registration and fee payment. Hotel registration must be received together with conference registration by JBS & Associates. THE LA COSTA RESORT AND SPA WILL NOT ACCEPT RESERVATIONS DIRECTLY. Provide a credit card number or separate check for the hotel payable to “La Costa” for the hotel deposit.PLEASE PRINT CAREFULLY & CLEARLY SO YOUR INFORMATION IS READABLE.Accommodations will be occupied by:Registrant’s Name _________________________________________________________________________________________(List each guest’s name, indicate which names are children)Guest (s) ___________________________________________________________________________________________________Firm _______________________________________________________________________________________________________Street ____________________________________________________ City/St/Zip: _____________________________________Telephone_______________________ E-Mail ________________________________________ Fax _______________________All reservation details are “requests” subject to availability. The usual $22 a day Resort Charge is WAIVEDfor TMA. Self Parking is complimentary for TMA. Rates will be honored 3 days before and after the TMAconference subject to availability, if booked with the original reservation.

Check your room request Rate Reservation Deposit (per day) 1 night + 10% (federal, state, local taxes)+0.107% (CA Tourism Assessment Fee) + $1(Carlsbad Tourism Business Improvement District Charge)q Plaza Standard Guest Room $ 179.00 $ 198.14q King Bed q Queen/Queen Bedded Room q Request a Connecting Parlor-–add $100+tax per night (limited availability at this rate)q Resort Deluxe Guest Room $ 205.00 $ 226.77q King q Queen/Queen Bedded Room q Request a Connecting Deluxe Room q La Costa Suite $ 330.00 $ 364.44(Larger room, king bed only, separate sitting area with pull-out love seat size sofa bed)Other requests q Crib (complimentary) q Rollaway $35.00/ day q Handicapped accessible roomq 1st Floor q 2nd Floor

Your Name ________________________________________________________________________________________________ARRIVAL Day & Date _____________________________ DEPARTURE Day & Date _________________________________Payment Preference: Check payable to: (La Costa) q American Express q Master Card q VisaCard No. _________________________________________________________ Expiration Date _______________________Security Code ________________ Billing zip code ____________(Please print clearly)Name on Card __________________________________________ Signature ________________________________________(Please print clearly)

Important Information: Deposit Policy: All reservations must be guaranteed with a first night’s room charge, taxes and fees as listed above as a deposit. This will be applied to your account. A cancellation notice in writing must be received before July 14th at 5:00pm PST in order to receive a full refund of any hotel deposits paid. If you fail to arrive for the 1st night of your reservation, you forfeit your deposit and the remainder of your reservation will be cancelled. A new reservation is subject to availability and prevailing rate. La Costa and TMA will not process Hotel reservations, if you are not registered for the conference. Please remember….If you check out earlier than the date on this reservation and it causes TMA to pay an attrition penalty, you agree for your credit card included hereon to be charged by TMA pro rata for any changes TMA is required to pay the hotel for your room night(s), in addition to any early departure fees or lost deposits charged by the hotel.

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MCLE and CPE CreditTMA Southern California Chapter certifies that an application is pending for approval of the conference’s educational program for 7 hours of CPE State Bar of California MCLE continuing education credit and also 7 hours of CPE credit for accountants.

Join the Conversation. Build Your Network.

For complete conference information, go to:

www.TMAConference.com

PRESORTEDFIRST CLASS

U.S. POSTAGE PAIDAMI

954 La Mirada StreetLaguna Beach, CA 92651

You Are invited to Join the ConversationJuly 22-24, 2009

Save With Early Bird Pricing

www.TMAConference.com

Carlsbad, California

Photography by Jeanne Sleeper and La Costa Resort

PLATINUM SPONSOR