Also known as fulcrum debt. The security most likely to convert to (or receive) equity in a reorganized company after it emerges from Chapter 11 of the Bankruptcy Code. Some investors purchase this security as part of a strategy to take ownership of the company. While in the past, the fulcrum security was unsecured debt, today it is increasingly secured debt. For example, lenders may provide DIP financing as part of a loan-to-own strategy, based on an analysis that the debt represented by the DIP financing may ultimately result in a controlling ownership position in the company.

If you would like to find out more about DIP financings, see:

It's easy to access precedents for DIP credit agreements in Practical Law's, What's Market, Credit Agreements: Comprehensive Deal Database. For a list of DIP loan agreements and links to the underlying agreements, see DIP Credit Agreements.

You can find out more about loan-to-own strategies in these Practice Notes:

For information on Chapter 11 bankruptcies generally, search our Bankruptcy practice page for many informative resources, such as the following Practice Notes: