The English High Court has sanctioned a restructuring plan in respect of EUR 3.2 billion of bonds issued by the German real estate business, Adler Group. The main objective of the plan was to avoid Adler's imminent insolvency...more
Rises in energy costs, disruption to global supply chains, the situation in Ukraine, soaring inflation and higher interest rates are pushing several major European economies towards recession. Borrowers and issuers in the...more
11/14/2022
/ Borrowers ,
Due Diligence ,
Economic Sanctions ,
Energy Costs ,
Enforcement ,
EU ,
Foreign Direct Investment ,
High-Yield Markets ,
Investors ,
Jurisdiction ,
Marketing ,
Mortgages ,
Piercing the Corporate Veil ,
Price Inflation ,
Recessions ,
Shareholders ,
Supply Chain ,
Ukraine ,
Valuation
Pre-packaged administration sales (where a sale of key assets is agreed prior to the appointment of administrators and then implemented by the administrators immediately following their appointment), have been a widely-used...more
The economic impact of the COVID-19 pandemic led to a wave of creditor schemes of arrangement ("schemes") and restructuring plans ("RPs") in the second half of 2020, which shows no sign of abating in 2021. For the...more
In structuring a UK scheme of arrangement that involves the restructuring of existing securities and/or the offer of new securities, due consideration must be given to the relevant US securities laws and registration...more
10/29/2020
/ Blue Sky Laws ,
Cross-Border Transactions ,
Issuer Exemption ,
Private Offerings ,
Risk Management ,
Rule 10b-5 ,
Scheme of Arrangement ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Regulation ,
Trust Indenture Act ,
UK ,
United States
Cov-lite loans can leave lenders with limited restructuring options, but creative lenders will still find ways to bring debtors to the table -
Recent data shows that investor protection in loan documents has fallen to its...more
7/13/2019
/ Board of Directors ,
Bonds ,
Covenant Lite Deals ,
Debt Market ,
Debt Restructuring ,
Debtors ,
EBITDA ,
EU ,
Fiduciary Duty ,
High-Yield Markets ,
Investor Protection ,
Lenders ,
Leveraged Debt ,
Material Adverse Events ,
Protective Covenants ,
UK
All three institutions of the European Union have now approved the EU Preventive Restructuring Framework Directive. This is the EU's first attempt to "harmonise" insolvency laws across the Member States, that have disparate...more
1/28/2019
/ Creditors ,
Debt Restructuring ,
Debtors ,
Entrepreneurs ,
EU ,
EU Directive ,
European Commission ,
European Parliament ,
France ,
Germany ,
Harmonization Rules ,
Insolvency ,
Italy ,
Member State ,
New Legislation ,
Scheme of Arrangement ,
Spain ,
UK