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PRESENTED BY THE NORTHWEST CHAPTER OF TMA September 12-14, 2013 | Hotel 1000 | Seattle, Washington Northwest Cross-Border Conference TMA’S FOURTEENTH ANNUAL

TMA’S FOURTEENTH ANNUAL Northwest Cross-Border … · Management Association – Northwest Chapter, The Law Society of Alberta and The Law Society of Upper Canada. DanBoverman CTP,

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Page 1: TMA’S FOURTEENTH ANNUAL Northwest Cross-Border … · Management Association – Northwest Chapter, The Law Society of Alberta and The Law Society of Upper Canada. DanBoverman CTP,

P R E S E N T E D B Y T H E N O R T H W E S T C H A P T E R O F T M A

September 12-14, 2013 | Hotel 1000 | Seattle, Washington

Northwest­­Cross-Border­

Conference

TMA’ S FOU RT E E N TH ANNUA L

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A G E N D A

ursday, September 12, 20135:00 p.m. – 7:00 p.m. Early Registration6:00 p.m. – 8:00 p.m. Hosted Opening Cocktail Reception • Hotel 1000, 4th Floor Terrace

Friday, September 13, 20137:30 a.m. – 8:30 a.m. Breakfast Buffet • Hotel 1000, 4th Floor Terrace

Educational Program | Hotel 1000 – Great Room, 4th Floor8:30 a.m. – 8:45 a.m. Welcome and Program Introduction

Welcome: Dan Boverman, President Northwest Chapter of TMA, CTP, Boverman & Associates, LLCProgram Introduction: Gregory R. Fox, Conference Chair, Partner, Lane Powell PC

8:45 a.m. – 10:00 a.m. Emerging Trends in WorkoutsModerator: Dan Boverman, President Northwest Chapter of TMA, CTP, Boverman & Associates, LLCPanelists: Seth Moldoff, Senior Vice President, Division Manager, Credit Resolution Group, Wells Fargo Bank;Larry Burke, Western Regional Manager, Asset Recovery Group, KeyBank; John Davis, Senior Vice President,Wells Fargo Regional Commercial Banking Office, Canada

10:00 a.m. – 11:00 a.m. Chapters and Borders: Developments in Cross-Border InsolvenciesModerator: Kibben Jackson, Partner, Fasken Martineau DuMoulin LLPPanelists: John Kaplan, Partner, Perkins Coie LLP; John R. Knapp, Jr., Partner, Miller Nash LLP; Vicki Tickle,Associate, Fasken Martineau DuMoulin LLP; Deryck Helkaa, Senior Managing Director, F T I Consulting

11:00 a.m. – 11:15 a.m. Health Break

11:15 a.m. – 12:15 p.m. OMG! My Collateral is Alive! Understanding Agricultural Workouts and InsolvenciesModerator: Kelly Bourassa, Partner, Blake, Cassels & Graydon LLPPanelists: Paul Darby, Partner & Senior Vice President, PricewaterhouseCoopers Inc.; Clyde Hamstreet,Founder, Hamstreet & Associates; John Rizzardi, Partner, Cairncross & Hempelmann; Stephen Tornio, Vice President & Senior Special Asset Manager, Rabo AgriFinance

12:15 p.m. – 1:15 p.m. Lunch • Hotel 1000 – 4th Floor Terrace

1:15 p.m. – 2:15 p.m. Fraud: The More Things Change . . .Moderator: Hugh McCullough, Partner, Davis Wright Tremaine LLPPanelists: Mark Wentzell, CA, CIRP, Grant Thornton; Diana Carey, Partner, Karr Tuttle Campbell; Neal Gluckman, CPA, CIRA, Stapleton Group; Paul Brown, Partner, Karr Tuttle Campbell

2:15 p.m. – 3:15 p.m. Bankruptcy or Receivership (or Both): Picking the Right Tool for the Job Moderator: Teresa H. Pearson, Partner, Miller Nash LLPPanelists: The Honorable Marc Barreca, United States Bankruptcy Court; Anthony J. Tillman, Partner, KPMG LLP;Bill Lawrence, Principal, Revitalization Partners, LLC

3:15 a.m. – 3:30 a.m. Health Break

3:30 p.m. – 4:30 p.m. Trends in M & A and Acquisition Financing Moderator: Mike Newsome, Principal, Zachary ScottPanelists: Stephen Krawchuck, Managing Director, Crystal Financial; David Levine, Vice President of CorporateFinance, Prudential Capital; Steve Hinrichs, Senior Vice President, Capital One; Mark Tonner, ManagingDirector, GE Energy Financial Services

7:00 p.m. – 11:00 p.m. Gala Dinner • Palace Ballroom, 2100 5th Ave., Seattle

Saturday, September 14, 20137:30 a.m. – 9:30 a.m. Breakfast Buffet • Hotel 1000 – 4th Floor Terrace

10:00 a.m. – 4:00 p.m. Golf Outing at Newcastle Golf Club, 15500 Six Penny Lane, NewcastlePlease gather in the Hotel 1000 lobby at 8:45 a.m., tee times will begin at 10:00 a.m.

11:00 a.m. – 1:00 p.m. Electric Boats on South Lake Union, 2046 Westlake Ave N, Suite #102, SeattlePlease gather in the Hotel 1000 lobby at 10:15 a.m. Light lunch and beverages provided on boats.

7:00 p.m. – 11:00 p.m. Hosted Gala Dinner • Blue Acre, 1700 7th Ave., Seattle

Sunday, September 15, 2013 – check out and departure

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e­Honorable­Marc­Barreca,­U.S. Bankruptcy Court, Western District of Washington, Seattle Judge Barreca was appointed as a U.S. Bankruptcy Judge for the Western District of Washington in 2010. He was previously a partner with K&L Gates LLP,which he joined in 1987. His practice included representing Chapter 11 creditorcommittees and debtors-in-possession, secured and unsecured creditors andmunicipalities in commercial bankruptcy cases, buyers of assets from bankruptcyestates, and creditors and debtors in workout negotiations. He is past chair ofthe Washington State Bar Association Creditor-Debtor Section and was chair ofthe Sections’ receivership legislation working group leading to the passage ofWashington’s 2004 receivership act. He is presently co-chair of the GovernmentPowers Subcommittee of the Business Bankruptcy Committee of the ABA’sBusiness Law Section.

Kelly­BourassaPartner, Blake, Cassels & Graydon LLPKelly Bourassa is a Partner in the Restructuring & Insolvency Group at Blakes and is the head of the restructuring practice in Calgary. She is an experienced insolvency lawyer whose practice focuses on all aspects of commercial reorganizations, workouts, receiverships and other enforcement of security. She has represented many different parties affected by the insolvency process, including debtors, purchasers, lending syndicates, securedand unsecured creditors, receivers, monitors and trustees.

Ms. Bourassa’s representative cases on the public record include: representingthe senior lending syndicate in the CCAA/CBCA proceedings of OPTI CanadaInc. (oil and gas), representing the court-appointed receiver in the receivershipof the Chocolaterie Bernard Callebaut Group (retail), representing a securedequipment lessor in the CCAA proceedings of Cow Harbour Construction Ltd.(oil sands services), acting as Canadian counsel to the financial adviser to thedebtor in the cross-border CCAA/Chapter 11 proceedings of Trident ExplorationCorp. (oil and gas), and representing the monitor in the CCAA proceedings ofFairmont Resort Properties Group (hospitality).

Ms. Bourassa has authored and co-authored articles and papers on variousinsolvency related topics for continuing legal education programs, conferences,and seminars with a particular interest in derivatives and eligible financial contracts. She has also authored supplementary materials in a legal text, Law inInternational Finance. In March 2010, Ms. Bourassa was retained by IndustryCanada as an adjudicator for the 2010 Trustee in Bankruptcy Licensing OralBoards in Calgary, Alberta.

Ms. Bourassa is a member of the board of directors of the NorthwestChapter of the Turnaround Management Association. She is also a member ofthe Insolvency Law Section of the Canadian Bar Association, the AmericanBankruptcy Institute, the Canadian Insolvency Foundation, the TurnaroundManagement Association – Northwest Chapter, The Law Society of Alberta andThe Law Society of Upper Canada.

Dan­BovermanCTP, Boverman & Associates, LLCDan Boverman is a Director and current President of the Northwest Chapter ofTMA. In 2009 he founded Boverman & Associates, LLC to focus his restructuring& turnaround practice in the Pacific Northwest after many years practicingnationally with Huron Consulting Group and Glass & Associates, Inc. Dan is alsoa Managing Director of Hawkwood Consulting, LLC. He began his career withArthur Andersen & Co. and then spent over ten years in investment banking and

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private equity investing as CFO of TXL Capital Group, President of TXL SecuritiesCorporation and Principal in Genstar Capital Partners, where he led or wasinvolved in numerous mergers, acquisitions and debt and equity financings andcreation of substantial value. Prior to focusing on turnarounds he was ChiefFinancial Officer of several successful companies including Enzymatic Therapy, Inc.Dan is a Certified Turnaround Professional, a Certified Public Accountant(Inactive/California), and a member of the Association for Corporate Growth andthe Oregon Entrepreneurs Network and has held NASD Series 7, 24, 27 and 63licenses. Dan holds a B.S. in Business Administration from the University ofCalifornia, Berkeley, 1982.

Paul­Richard­BrownShareholder, Carr Tuttle CampbellMr. Brown has extensive experience in litigation and commercial transactions in awide variety of technology areas. He has conducted more than 100 bench trialsand numerous jury trials in various jurisdictions across the country. Mr. Brown isadmitted to practice before the Ninth Circuit Court of Appeals and the SupremeCourt of the United States. He has negotiated complex multimillion-dollar transactions for domestic and international high-technology businesses worldwide,including in foreign jurisdictions such as Hong Kong, Taiwan, Switzerland, thePeoples’ Republic of China, Germany, Russia, Mongolia, Sweden, and theNetherlands. Mr. Brown also has experience in asset recovery and financial fraudmatters, representing high net worth individuals and financial institutions. Mr. Brown’s recent engagements include: the representation of defraudedinvestors in the Texas-based Ponzi scheme, resulting in federal prosecutions of theperpetrator, corporate counsel and a government lawyer; recovery of trust moniesfrom international brokers of funds that were moved from Switzerland, Guernseyand the Isle of Man; successfully identified, froze and recovered assets prior toremoval to various offshore jurisdictions; appointed Special Asset RecoveryCounsel – (under confidential seal of the Court) – representing bankruptcy trustee in an effort to identify, secure and recover estate assets of a US debtorwho became a fugitive, have secured over $5,000,000 in assets, working in the following jurisdictions with local counsel and an international team of investigators:Belize, Isle of Man, Switzerland, Portugal, Canada, and France.

Larry­BurkeWestern Regional Manager, Asset Recovery Group, KeyBankMr. Burke is presently the Western Regional Manager for KeyBank’s AssetRecovery Group. He has responsibility for all troubled commercial credit relationships throughout the Western United States. Prior to his present role hewas the Seattle Cascades District Credit Officer for Key Bank. His duties includedall Middle Market Commercial Loan approvals for the Seattle and Bellevue areas.

Over his 37 year career with Key Bank, Mr. Burke has had the opportunity towork in a number of different areas within the corporation. During the 1990’s hewas transferred to KeyCorp’s operations in the Albany, New York area where heoversaw the Asset Recovery Group and then headed up Credit Administration forKey Bank of New York. He was then transferred again to Cleveland, Ohio wherehe worked for more than four years in various Credit Administration roles. Hereturned to his hometown, (Seattle) in 1999.

Mr. Burke is a graduate of the University of Washington (B.A.) and PacificLutheran University (M.B.A.).

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commercial finance and financial institutions industries, with an emphasis on loan documentation, loan restructuring and enforcement, and commercial litigation matters.

Mr. Fox’s loan enforcement and commercial litigation practice involves UCC and real estate foreclosures, receiverships, contested bankruptcy matters,deficiency lawsuits and the defense of lender liability claims. In the course of his practice, Mr. Fox frequently provides guidance on matters involving theBankruptcy Code, receivership law, real property law, and the UniformCommercial Code. Mr. Fox is a Director and Second Vice President of theNorthwest Chapter of the Turnaround Management Association. He received hisJ.D., cum laude, from Willamette University College of Law and his B.A. from theUniversity of Puget Sound.

Neal­GluckmanCPA, CIRA, Stapleton GroupMr. Gluckman provides forensic accounting and financial advisory services to theSpecial Assets Community and turnaround management and receivershipclients. Mr. Gluckman has over 30 years of experience providing these servicesto the nation’s leading financial institutions. Mr. Gluckman has experience inmultiple industries including: manufacturing, services, government, agriculture,finance and real estate. Mr. Gluckman is a Certified Public Accountant, CertifiedInsolvency and Restructuring Advisor (CIRA) and has earned a CertifiedFinancial Forensic credential from the AICPA. Prior to joining the StapletonGroup, Mr. Gluckman served as a partner at a regional accounting firm in Los Angeles. Mr. Gluckman earned his MBA at Pepperdine University and is an active participant in the Turnaround Management Association.

Mr. Gluckman has conducted numerous fraud investigations on behalf of secured lenders, including a publicly traded company selling home entertainment equipment, an aerospace contractor and an auto dealer.

Clyde­HamstreetFounder, Hamstreet & AssociatesSince founding his firm in Portland, Oregon, in 1988, Mr. Hamstreet has been aprominent figure in the national turnaround industry for nearly 25 years withextensive experience leading complex turnarounds. Recipient of several nationaland regional awards, Mr. Hamstreet is well known for building consensusamong diverse interest groups and creating innovative solutions to seeminglyintractable problems. He is committed to finding win-win solutions, frequentlybringing employees, management, creditors and shareholders together toachieve successful results.

Mr. Hamstreet assesses companies insightfully, develops strategic plans ofrecovery, identifies and resolves the critical concerns of lenders through effectivenegotiation, and provides the necessary direction for management and employees to attain ambitious goals. His outstanding ability to understand complex business issues and translate them accurately for the benefit of non-experts is the foundation of his communication and leadership skills.

With an expertise in corporate finance, management, and governance, Mr.Hamstreet has held executive positions in many corporations, including ChiefRestructuring Officer, Chief Executive Officer, President, Chief Financial Officer,and Director. He has successfully restructured large and mid-size companies andhas led many initiatives to restore underperforming corporations to profitability,both in and out of Chapter 11. His experience includes the strategic repositioningof core operations, complex refinancing and investment arrangements, aggressive cost reductions, intensive management of working capital, and salesand divestitures. He recently completed a two-year engagement serving as the

Diana­CareyShareholder, Carr Tuttle CampbellMs. Carey currently chairs the Creditors’ Rights and Insolvency Practice Group at Karr Tuttle Campbell. She has an extensive background in bankruptcy andcreditors’ rights, representing purchasers, landlords, and creditors in contestedbankruptcy matters, including relief from automatic stay, assumption of leasesand executory contracts, and avoidance actions. Ms. Carey has been a Chapter11 trustee and a state court receiver and has also represented state courtreceivers, bankruptcy trustees and unsecured creditors’ committees; she has attimes represented debtors in Chapters 7 and 11. Ms. Carey is a frequent speakeron insolvency topics at bar-related seminars. Ms. Carey’s practice also encom-passes corporate and business law. She recently served as Trustee in In reDarren Berg. Mr. Berg, who is presently in federal prison, was the owner ofMeridian Mortgage, a collection of companies accused of running a Ponzischeme in the most recent business cycle.

Paul­DarbyPartner & Senior Vice President, PricewaterhouseCoopers Inc.Paul Darby is a partner and senior vice president in PricewaterhouseCoopers’Corporate Advisory and Restructuring practice. For the past 13 years, he has specialized in corporate restructurings and insolvencies in a wide variety ofindustries, including energy, real estate, manufacturing, agriculture and construction sectors.

Mr. Darby draws on his broad experience from acting for both debtors and creditors in informal and formal restructurings. He understands the need for creative solutions to assist stakeholders of companies in financial difficulty. Hehas assisted many lenders in a financial restructuring and builds consensus withdebtors to deliver effective turnaround and reorganization plans.

Mr. Darby recently completed an assignment that resulted in an orderly liquidation of a company that had over 50 secured creditors claiming variousrights against the assets of the company.

Mr. Darby is a Chartered Accountant, holds a Chartered Insolvency andRestructuring designation and is a licensed Trustee in Bankruptcy.

John­Davis­Senior Vice President, Regional Vice PresidentVancouver Regional Commercial Banking Office (RCBO)John Davis is a senior vice president and region head for the Wells FargoRegional Commercial Banking Office in Vancouver, Canada. He leads a teamthat provides financing to middle-market businesses and large corporationsheadquartered in Canada or that have subsidiaries located in Canada.

With over 20 years of banking experience, John opened the Vancouver WellsFargo office in August 2011 from HSBC Bank Canada, where he was an assistantvice president in the Large Corporate team for the British Columbia region. Priorto that position, John held a variety of commercial and corporate banking rolesat HSBC and Canadian Imperial Bank of Commerce (CIBC), where he startedhis career in 1992. This included a 7-year stint in the Special Credit Group atHSBC dealing with impaired credits across Western Canada.

Mr. Davis received his bachelor’s degree from the University of BritishColumbia in Vancouver, BC.

Gregory­R.­FoxShareholder, Lane Powell PCGreg Fox is a shareholder in the Bankruptcy and Creditor’s Rights Group at Lane Powell PC. He focuses his bankruptcy and commercial law practice in the

­ ­M O D E R A T O R S ­ & ­ P A N E L I S T S

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M O D E R A T O R S ­ & ­ P A N E L I S T S

CRO of Sunwest Management, a national senior living provider whose restructured operations and balance sheet gave birth to sustainable earningsafter years of losses, ultimately attracting an affiliate of the Blackstone Group to acquire the operations in a $1.3 billion transaction.

Mr. Hamstreet has extensive experience in bankruptcy and other legal settings and has served as an expert witness in numerous cases and multi-million dollar arbitrations. He has advised corporate boards on improvinggovernance processes and creating more effective relations with management.

Mr. Hamstreet is a Certified Turnaround Professional and has served in leadership positions of the Northwest and National Turnaround ManagementAssociations (TMA) and the Association of Turnaround Professionals. He hasbeen nominated for turnaround practitioner of the year four times, winning theaward in 1994, 2005, and 2011. In 2009 the Northwest Chapter of the TMA honored Mr. Hamstreet “for his dedication and outstanding professionalachievements in business restructurings and turnaround” at its 10th AnniversaryCross-Border Conference.

Mr. Hamstreet holds a B.S. in Business Administration from Oregon State University.

Deryck­HelkaaSenior Managing Director, F T I ConsultingDeryck Helkaa is a senior managing director in FTI’s Corporate Finance practiceand is based in Calgary. Mr. Helkaa has over 15 years of restructuring experiencein representing companies, shareholders, creditors, lenders and management inboth formal and out-of-court restructurings.

Mr. Helkaa’s experience comprises a wide variety of industries with a primary focus on real estate and the oil and gas industry, including companies operating in exploration and production, midstream and oilfield services sectors. His experience ranges from private to public companies, including many cross-border cases.

Mr. Helkaa’s engagements include: Acting as the Court appointed Receiver ofArgosy Energy Inc., Solara Exploration Ltd., Trafina Energy Inc. and Action EnergyCorp., all publicly traded oil and gas exploration companies operating inWestern Canada. Monitor in the CCAA proceedings of RS Technologies Inc., a manufacturer of utility poles. Receiver of Wellpoint Systems Inc., a publiclytraded, oil and gas software design and distribution company with operations in the US, Canada and Europe. The Wellpoint case included both a Canadianreceivership filing and a Chapter 15 proceeding in the state of Delaware.Monitor in the CCAA proceedings of SemCanada Group, a global energy company with its Canadian operations comprising crude oil and gas marketingand the operation of several gas processing facilities.

Prior to joining FTI, Mr. Helkaa was a partner of the Transaction and AdvisoryServices group of Ernst & Young.

Mr. Helkaa holds a B.A. in economics from the University of Western Ontario.He is a member of the Canadian Association of Insolvency and RestructuringProfessionals, Insolvency Institute of Canada and the Turnaround ManagementAssociation. He is the current President of the Turnaround ManagementAssociation’s Calgary Chapter.

Steve­HinrichsSenior Vice President, Capital OneSteve Hinrichs is responsible for Capital One’s ABL loan origination in theWestern U.S. Prior to joining Capital One Steve managed the Pacific/SouthwestRegion of Bank of America Business Capital. He is responsible for all new business origination in the Western United States and Western Canada.

Mr. Hinrichs joined Bank of America in 1996 as a Vice President, Business

Development Officer. In 1998, Mr. Hinrichs was promoted to Senior VicePresident. In 2004, Mr. Hinrichs was promoted to Western Region MarketingManager and in 2005 to Pacific/Southwest Division Marketing Manager.

His lending experience includes companies of all sizes, engaged in a myriad of industries and has included work with private equity sponsors andrestructuring advisors as well. Prior to joining Bank of America, Mr. Hinrichs held various marketing, credit, underwriting, financial and operational positions withGE and GE Commercial Finance.

Mr. Hinrichs holds a B.A. in Accounting and Finance from San Jose StateUniversity. He maintains membership in the Southern California chapters of The Turnaround Management Association, The Association for CorporateGrowth and the American Bankruptcy Institute.

Kibben­JacksonPartner, Fasken Martineau DuMoulin LLPKibben Jackson is a partner in the Litigation and Dispute Resolution Group at Fasken Martineau DuMoulin LLP. His practice is in general corporate andcommercial litigation with a focus on insolvency, corporate restructurings andsecured creditor realization. Mr. Jackson has significant insolvency experience inmost areas including forestry, gaming, mining and retail, as well as extensiveexperience in cross-border insolvency proceedings. He has worked with most ofCanada’s largest financial institutions and trustee firms, including in relation tobankruptcies and receiverships, and has represented both debtors and creditorsin connection with significant reorganizations and debt restructurings.

Prior to joining the firm, Mr. Jackson clerked for the Chief Justice of BritishColumbia at the British Columbia Court of Appeal.

Mr. Jackson is a member of the Civil Litigation and Insolvency Sections of theBritish Columbia and Canadian Bar Associations and a member of the Board ofDirectors of the Turnaround Management Association’s Northwest Chapter.

John­S.­KaplanPartner, Perkins Coie LLPJohn Kaplan, a partner with the firm’s Business practice, focuses his practice on insolvency and bankruptcy matters as well as commercial litigation and commercial transactions. John represents commercial mortgage-backed securities(CMBS) special servicers and other secured lenders in various foreclosure,receivership and bankruptcy matters. He also represents borrowers in out-of-court restructurings, creditor compositions and secured loan transactions.

John­R.­Knapp,­Jr.Partner, Miller Nash LLPJohn Knapp is a partner in Miller Nash’s Seattle office and serves as the leader of the firm’s bankruptcy & creditors’ rights practice team. John advisesbusinesses and individuals on business bankruptcy and commercial law matters,with an emphasis on Chapter 11 reorganization. His experience includes representing debtors, debtors-in-possession, Chapter 11 trustees, receivers, creditors’ committees, secured lenders and other lienholders, landlords, suppliers, service providers, and licensors of intellectual property. He served asthe judicial law clerk to Peter J. Walsh of the U.S. Bankruptcy Court for theDistrict of Delaware in 1997-1998.

Stephen­Krawchuk­Managing Director, Crystal FinancialPrior to joining Crystal, Stephen was a Senior Vice President at Contrarian CapitalFinance. He was the Western Regional Marketing Director for Wachovia Capital

Stephen­Krawchuk, continued on page 6 >

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Finance, a Director with Deutsche Banc Alex Brown, and a Director withGreyrock Capital. Stephen began his finance career with Foothill Capital in LosAngeles, after attaining his CPA with PriceWaterhouse.

Mr. Krawchuk is a graduate of the Eller School of Entrepreneurship andManagement and received his B.A. in accounting and finance from theUniversity of Arizona. He currently serves on the Board of Directors for the LosAngeles chapter of the Commercial Finance Association.

Crystal Financial is an independent, innovative provider of senior and juniorsecured loans for both asset based and cash flow financings to middle-marketcompanies across a wide range of industries and through all stages of a busi-ness life cycle, from growth to restructurings. Crystal works in partnership withbanks, other ABL lenders, private equity investors or directly with

William­L.­LawrencePrincipal, Revitalization Partners, Inc.William L Lawrence has successfully guided companies through complex corporate turnarounds, Chapter XI reorganizations and the general receivershipprocess. He brings his extensive business experience in strategy, operations andfinance to projects that include corporate renewal, receiverships, assets sales andliquidations. Serving in senior level positions as CEO, COO, CFO and corporatedirector, Mr. Lawrence has restructured public and private corporations with revenues from $70 to $300 million, maximizing the interests of all stakeholders.His assignments have included: CEO of Pendleton Woolen Mills, FinancialAdvisor to the Creditors Committee in the David Syre Chapter XI case andPresident of Boxlight Corporation. Mr. Lawrence’s experience in successfullymanaging Chapter XI reorganizations includes Garden Botanika, Paul HarrisStores and Jay Jacobs Stores.

Mr. Lawrence is on the advisory board for the Apparel Merchandising Schoolof Indiana University and is an active member in the Turnaround ManagementAssociation. He is a graduate of Indiana Wesleyan University with a B.S. inManagement and holds a degree in Accounting.

David­LevineVice President of Corporate Finance, Prudential CapitalDavid Levine as Vice President of Corporate Finance for Prudential Capital, leadsa team responsible for marketing, originating, and managing private placementand mezzanine investments in Alaska, Western Canada, Colorado, Montana, and Washington.

Mr. Levine received his B.S. from Stanford University and an MBA from theUniversity of California at Berkley’s Haas School of business.

Prudential Capital Group is the private debt investment arm of PrudentialFinancial, Inc. (NYSE: PRU). Prudential Capital Group has been a leadingprovider of private debt, mezzanine and equity securities to middle-market companies worldwide for more than 70 years. Managing a portfolio of morethan $66 billion as of March 31, 2013, Prudential Capital offers senior debt(investment grade and below investment grade), mezzanine capital, privateequity, leveraged leases, credit tenant leases, and commercial loans.

Hugh­McCulloughPartner, Davis Wright Tremaine LLPHugh McCullough advises clients in complex commercial and bankruptcy litigation, state court receiverships, in-court and out-of-court restructurings, andsecured financing transactions. He provides experienced counsel to debtors incomplex reorganizations under Chapter 11, having represented two airlines in

their bankruptcy cases. He also represents secured and unsecured creditors, andhas significant experience in negotiating, structuring, and securing a variety of financings in and out of bankruptcy. Hugh routinely advises companies with large intellectual property portfolios on protecting their rights before andafter bankruptcy. In recent engagements, he has represented plaintiffs anddefendants in connection with fraudulent transfer and fiduciary duty litigation inbankruptcy. His representations include work on behalf of a Chapter 7 trusteepursuing claims against various defendants, as well as work on behalf of a former officer of a mortgage origination company defending against avoidanceand fiduciary duty claims.

Seth­MoldoffSenior Vice President, Division Manager of Credit ResolutionGroup, Wells Fargo BankSeth Moldoff is a Senior Vice President, Division Manager for the CreditResolution Group at Wells Fargo Bank in San Francisco. He manages teams ofaccount officers who work on resolving complex problem loans for borrowersprimarily located in California and the Pacific Northwest.

Seth joined Wells Fargo in 1996. Prior to Wells Fargo, Seth worked for AIDC,Ltd, an Australian-based merchant bank, where he worked on resolving problemloans and equity investments. Previously, he worked for Citibank in the AssetBased Lending and Leveraged Finance groups in Los Angeles and Sydney,Australia. Seth began his banking career with Continental Illinois National Bankin the Oil and Gas Lending Division in Chicago.

Seth has a B.A. from Brandeis University and an M.B.A. from the Universityof Michigan. He is married and has three sons.

Michael­T.­NewsomePrincipal, Zachary ScottMike Newsome joined Zachary Scott in 1995 as a middle-market financing specialist. During his tenure at the firm, he has focused on assisting clients in arranging capital from bank, institutional and mezzanine lenders, and equity investors. He has also been involved in managing and negotiating financialrestructuring and acquisition advisory assignments. Prior to joining the firm, he spent 16 years with Seafirst Bank. During that time, he held a variety of commercial banking positions with responsibilities including credit structuringand approval, resolution of troubled loan situations in the Pacific Northwest andin the energy industry in the Southwest and management of large corporatemiddle-market relationships in the Pacific Northwest.

Mr. Newsome has specialized in structuring, evaluating and managing complex credit relationships.

Mr. Newsome received his B.S. degree in agricultural economics from theOhio State University.

Zachary Scott is an investment banking and corporate finance advisory firm founded in 1991 to serve the needs of privately owned, middle-marketcompanies. The principals of Zachary Scott have successfully completed morethan $5 billion in mergers, acquisitions, divestitures, and various corporatefinance and debt and equity financing assignments since the early 1980’s.

Teresa­H.­PearsonPartner, Miller Nash LLPTeresa H. Pearson focuses her practice primarily on creditors’ rights, insolvency,and reorganization. She represents lenders, trade creditors, creditors’ committees,trustees, receivers, debtors, and other clients in all forums where debtor-creditorissues appear—out of court, bankruptcy court, state and federal trial court, andappellate court. She is admitted to practice in both Oregon and Washington.

> Stephen­Krawchuk, continued from page 5

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Ms. Pearson is board certified in business bankruptcy law by the AmericanBoard of Certification. (The Supreme Court of Washington does not recognizecertifications of specialties in the practice of law, and this certification is not arequirement to practice law in the state of Washington.) Ms. Pearson holds aJ.D. with High Honors from Duke University School of Law and a B.A., PoliticalScience, with Highest Honors from the University of California at Berkeley.

John­RizzardiPartner, Cairncross & HempelmannSince 1979, John Rizzardi has provided strategic and general business planningto a wide range of companies and their owners, as well as litigation and disputeresolution assistance, to clients in his business and litigation practice. Since 1983,Mr. Rizzardi has provided commercial bankruptcy and creditors’ rights advice to clients affected by potential or actual insolvency proceedings, including bankruptcy litigation, all while serving his clients’ broader needs. Together with thelaw firm’s tax, corporate finance, litigation and real estate attorneys, Mr. Rizzardi isable to provide comprehensive legal solutions to his business clients.

Vicki­TickleAssociate, Fasken Martineau DuMoulin LLP Vicki Tickle is an associate in the Litigation and Dispute Resolution Group. Her commercial litigation focuses on insolvency, corporate restructuring andcreditor realization.

Ms. Tickle began her legal career working in commercial litigation and insolvency in Brisbane, Australia, before moving to London, England where shepracticed for five years in the insolvency group of a leading law firm.

Ms. Tickle’s international experience enables her to provide her clients with strategic advice from a global perspective.

Anthony­J.­TillmannPartner, Advisory Services, KPMG LLPAnthony Tillman is a partner of KPMG LLP. Since 2002, he has worked in thefirm’s Advisory practice focusing on restructuring and insolvency matters. Mr. Tillman’s experience includes involvement in a variety of statutory and Court sanctioned appointments, informal restructuring mandates and financialadvisory engagements for secured lenders, corporate debtors, bondholders,governments and other stakeholders. Mr. Tillman’s industry experience is broad and has included forestry, pulp and paper, mining, manufacturing and distribution, farming, real estate and construction, financial services, hospitality and technology. Mr. Tillman earned a bachelor’s degree in businessadministration from Simon Fraser University and holds professional designationsas a Chartered Accountant and Chartered Insolvency and RestructuringProfessional, and is a Licensed Trustee in Bankruptcy.

Mark­Tonner­Managing Director, GE Energy Financial Services,Vancouver, BCMark Tonner is Managing Director at GE Energy Financial Services in Canada.Under Mr. Tonner’s leadership, GE Energy Financial Services has played an activerole in financing numerous Canadian energy projects, with renewable energy asits largest area of focus. In British Columbia, GE Energy Financial Services investedin the largest wind and run-of-river hydro projects in the province.

Mr. Tonner is a senior member of GE Canada’s leadership team and hasbeen leading GE Energy Financial Services’ business in Canada since 2004. He joined GE in 1996 and, since then, has led a wide variety of debt, leasing andstructured equity investments in Canada.

Mark holds a Commerce degree and a Master’s degree in BusinessAdministration from the University of Saskatchewan.

GE’s energy investing business works as a builder, not just a banker, to help meet the world’s power and fuel needs. It offers money and expertise foressential, long-lived and capital-intensive power, oil and gas infrastructure.Drawing on GE’s energy technical know-how, financial strength and risk manage-ment, it sees value where others don’t. Based in Stamford, Connecticut, GE EnergyFinancial Services holds an approximately $20 billion global energy portfolio.

Stephen­A.­Tornio­Vice President and Senior Special Asset Manager, Rabo AgriFinanceStephen Tornio has more than 35 years of progressively responsible experienceas a lender and has been involved in agricultural workout since 1984. Steve is aleader with proven problem solving and analytical skill and is a skilled negotiatorwith the ability to combine broad-based technical and legal knowledge withplanning abilities to optimize results. His understanding of both the legal andtechnical aspects of agricultural workout have been instrumental in his success.

From 1984 through 1999 Mr. Torino worked with regional banks to improvethe banks’ agricultural lending portfolios, and in 1991 oversaw the successfulsale of a bank that had been under a cease and desist order from theComptroller of Currency. Beginning in 1999, Mr. Torino spent 10 years as VicePresident and Special Assets Officer with U.S. Bank. He worked on accounts at a national level and has been agent on numerous syndicated credits. Thecredits have included a juice company, a rendering company, hog productioncompanies, fruit warehouses and orchards, vegetable growers and a peanutwholesaler. In Mr. Torino’s current position with Rabo Agrifinance, he is responsible for accounts across the country in Florida, Georgia, Montana,Kansas, Oregon, Washington and Idaho.

Among his significant previous accomplishments, Mr. Torino was named oneof the Outstanding Young Men in Wisconsin by the Wisconsin Jaycees in 1978and was a member of a panel at the American Bankers Association AgConference in Milwaukee, 1998, discussing the transition of the Hog industryfrom family farms to corporate entities.

Mr. Torino holds a Bachelor of Arts degree from Metropolitan StateUniversity, St. Paul, Minnesota and also received his teacher certification fromConcordia University, St. Paul. He currently resides in Hudson, Wisconsin.

Mark­Wentzell,­CA, CIRP, Grant ornton As a Partner and Practice Unit Leader in the Vancouver Restructuring andReorganization Services Group, Mr. Wentzell is responsible for delivery of allreorganization and corporate restructuring services in British Columbia. He has worked with both debtors and secured lenders in providing consulting,restructuring, monitoring, investigative, financial planning, receivership, bankruptcyand other professional insolvency services, including cross border and multi-jurisdictional engagements; involving companies in various industries. Mr. Wentzell is a member of the Institute of Chartered Accountants of BritishColumbia and a member of the Canadian Association of Insolvency andRestructuring Professionals and a prior member of the Nova Scotia BarristersSociety (1991). He is a Chartered Accountant (1996), a qualified UnitedKingdom Insolvency Practitioner (2000) and a Canadian Chartered Insolvencyand Restructuring Professional (2004). Mr. Wentzell spent five years working inthe restructuring practice of a “Big 4” firm in the Cayman Islands focusing on liquidations and asset tracing and recovery. Mr. Wentzell’s firm is currentlyinvolved in the Stanford Development Company liquidation in the British VirginIslands. Mr. Wentzell will be discussing the aspects of asset identification, searchand seizure from a Canadian perspective.

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A C C O M M O D A T I O N S

Hotel­1000­in­downtown­Seattle­opened­in­June­2006and­features­120­luxury­guest­rooms,­the­fabulousBOKA­RESTAURANT­+­BAR,­Spaahh­and­e­Golf­Club.

At­Hotel­1000,­genuine­and­personalized­service,­leading-edgetechnology­and­intimate­yet­spectacular­accommodations­redefine­the­luxury­experience.­Hotel­1000­offers­distinctiveamenities,­anticipative­service­and­a­customized­experience­tailored­to­any­occasion.

Located­at­1000­First­Avenue­at­the­corner­of­Madison­Street,­Hotel­1000­is­steps­from­the­waterfront­along­Elliott­Bay,­and­conveniently­centered­between­Pike­PlaceMarket,­Seattle­Art­Museum,­the­business­district­and­lively­and­historic­Pioneer­Square.

To­book­your­room,­contact­the­Hotel­1000­at­(877)­315-1088­or­(206)­957-1000.­For­room­discount­reference­Turnaround­ManagementNorthwest­Chapter.­ Rooms­blocked­are$229­per­night,­plus­tax.­e­number­ofblocked­rooms­is­limited,­so­please­bookyour­rooms­early.­(Room­block­at­thehotel­expires­August­20, 2013,­following

which­registrants­may­need­to­seek­off-property­accommodations.)­

8 Resources and Images courtesy of Hotel 1000 All Rights Reserved, 2013.

Page 9: TMA’S FOURTEENTH ANNUAL Northwest Cross-Border … · Management Association – Northwest Chapter, The Law Society of Alberta and The Law Society of Upper Canada. DanBoverman CTP,

ursday, September 12 | EveningHosted Opening Cocktail Reception • Hotel 1000, 4th Floor Terrace

The Hotel 1000 glass-encased Terrace features cityscape views overhead and a modern, steel trellis with Japanese-style plantings as the ceremony backdrop. In the summer months, windowed walls open and portions of the ceiling retract to allow for an indoor-outdoor setting.

Friday, September 13 | EveningHosted Dinner • Palace BallroomPalace Ballroon is a chic urban venue with amazing food and gracious service providing an exordianry dining experience. The restaurant provided custom cuisine and, of course the, theaward-winning cuisine of Tom Douglas.

This stylish venue has retained the romance of Seattle’s eclectic past, featuring vintage brick and stunning old world window treatments which combine to create a relaxed, cozy yet celebratory mood for any type of get-together. Located conveniently in Downtown Seattle, Palace Ballroom provides the perfect taste of Seattle for all the sense.

Saturday, September 14 | DaytimeGolf Outing at The Golf Club at Newcastle

Please meet in the Hotel 1000 at 8:45 a.m., tee times will begin at 10 a.m, carpools arranged.

Capping 350 expansive, hilltop acres, The Golf Club at Newcastle is the Puget Sound’s premierpublic golf and event destination. The property features 36 holes of championship golf, framed by stunning, panoramic views of Lake Washington, Mt. Rainier, the Olympic and CascadeMountains, and the Seattle skyline. The breathtaking scenery is complemented by a spectacular44,000 square foot clubhouse and extensive, year-round practice facilities. Newcastle’s captivatingviews, first-class amenities and unparalleled standard of service are all designed to provide a unique experience for guests.

ORElectric Boats on South Lake Union

Please meet in the Hotel 1000 lobby at 10:15 a.m., transportation to the electric boats will beprovided, light lunch and beverages provided on boat.

Enjoy electric “Duffy” boat on beautiful Lake Union. Be your own captain on one of the 21’ long boats which seat a maximum of 10 passengers. The boats are equipped with two tables, a CD player/IPod Jack and sound system and plush leather seats. The perfect adventure for a beautiful day in Seattle.

Saturday, September 14 | EveningHosted Gala Dinner • Blueacre SeafoodBlueacre Seafood draws upon the vast array of wild seafood available from the United States coastal waters as well as carefully chosen, sustainably-farmed freshwater species, oysters, clams and mussels.

Unconstrained by genres—the food, music and atmosphere are designedto inspire emotion. In addition to all things aquatic, the menu includes farm-fresh meat, game, poultry, and vegetables. Classic handmade cocktailsare shaken in a comfortable bar well stocked with American spirits, wineand craft beers on tap.

Gleaming blue glass, brushed nickel accents, rich wood panels and warmleather booths reflect Blueacre's American seafood heritage.

“Blueacre is our vision of responsible, approachable, amazing seafood.We want our restaurant to convey something vibrant and beautiful thateveryone can enjoy,” says owner and chef Kevin Davis.

A C T I V I T I E S

9Resources: hotel1000.com; tomdouglas.com/palace-ballroom; theelectricboatco.com; blueacreseafood.com

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10

TMA­Northwest­Chapter­would­like­to­thank­the­following­sponsors:

Platinum:

Gold:

Lane Powell PC

Perkins Coie LLP

Silver:

Cole Taylor Business Capital

Bronze:

Hamstreet & Associates

Miller Nash

S P O N S O R S

Page 11: TMA’S FOURTEENTH ANNUAL Northwest Cross-Border … · Management Association – Northwest Chapter, The Law Society of Alberta and The Law Society of Upper Canada. DanBoverman CTP,

Register by Mail:Please submit registration form and cheque payment to (must be received by August 23):TMA NORTHWEST, 3439 NE Sandy Blvd #350, Portland, OR 97232Note: All online credit card registration payments are in U.S. funds.

� Cheque enclosed for the following amount: _____________________________

C R O S S - B O R D E R ­ C O N F E R E N C E ­ R E G I S T R A T I O N

ursday, September 12, 2013 – Sunday, September 15, 2013 | Hotel­1000­| Seattle,­Washington

Name: ____________________________________________________________________________________________________________

Company Name: _____________________________________________________________________________________________________

Address: ___________________________________________________________________________________________________________

City Province/State Postal Code/Zip Code: ____________________________________________________________________________________

Phone (Residence): ______________________________________ Phone (Cellular): ________________________________________________

Phone (Office): ______________________________________________________________________________________________________

E-mail Address: ______________________________________________________________________________________________________

REGISTRATION (All prices U.S. dollars) Note: Online credit card registration payments are in U.S. funds.

* Spouse/Guest Registration includes opening reception on Thursday evening, Friday dinner, and Saturday breakfast, and dinner.

GROUP EVENTS & WEEKEND ACTIVITIES (please indicate below the number of people participating in each event)

ursday, September 12, 2013 | Opening Cocktail Reception | Hotel 1000, 4th Floor Terrace, Seattle

� I will be attending the reception. � I will be bringing a registered guest to the reception. � I will not be attending the reception.

Friday, September 13, 2013 | Gala Dinner | Palace Ballroom, 2100 5th Ave., Seattle

� I will be attending the dinner. � I will be bringing a registered guest to the dinner. � I will not be attending the dinner.

Saturday, September 14, 2013 | Hosted Gala Dinner | Blueacre Seafood, 1700 7th Ave., SeattleIncluded in conference price, please indicate whether you and your registered guest will be attending the dinner.

� I will be attending the dinner. � I will be bringing a registered guest to the dinner. � I will not be attending the dinner.

Saturday, September 14, 2013

________ Golf Outing at Newcastle Golf Club Please meet in the Hotel 1000 lobby at 8:45 a.m., tee times will begin at 10 a.m., carpools to the golf course will be arranged.$195 per person USD – (Includes tax, 18-hole green fee, golf cart, and a boxed lunch).Four person scramble; make your own team or be paired by organizers. Please provide your handicap (maximum 30):___________________

� I would like to be paired. � My team (names):____________________________________________________________________

________ Electric Boats on South Lake UnionPlease gather near the main lobby entrance at 10:15 a.m. $75 per person USD –Light lunch and beverages provided on boat (transportation will be provided).

Early Bird Registration (through August 30, 2013)

_____________ $725.00 U.S. TMA Members

_____________ $825.00 U.S. Non-TMA Members

_____________ $725.00 U.S. Next Generation Member

_____________ $395.00* U.S. Accompanying Spouse/Guest

Guest:____________________________________________

Registrations received after August 30, 2013

_____________ $825.00 U.S. TMA Members

_____________ $925.00 U.S. Non-Members

_____________ $825.00 U.S. Next Generation Member

_____________ $395.00* U.S. Accompanying Spouse/Guest

Guest:____________________________________________

11

Register online at www.northwest.turnaround.org

Go to: Upcoming EventsNorthwest Chapter Cross-Border Conference

For information contact Diana MontgomeryNorthwest Chapter Administrator

(503) 768-4299 or [email protected]