News & Analysis as of

Financial Distress Contract Terms

Proskauer Rose LLP

Private Credit Deep Dives – What to do following an Event of Default in a consensual setting (Europe)

Proskauer Rose LLP on

Over the past year, we have seen a significant increase in Events of Default (each, an “EoD”) arising from financial underperformance. This trend is largely driven by the high interest rate and inflationary environment, with...more

Goodwin

Delaware ABCs (Assignments for the Benefit of Creditors): No Longer as Easy as 1-2-3

Goodwin on

Companies forced to wind down operations and liquidate their assets often choose a liquidation process known as an ABC (Assignment for the Benefit of Creditors). An ABC is usually more streamlined, requires fewer public...more

Latham & Watkins LLP

Hong Kong Court Orders Winding-Up of Company Despite Parties’ Arbitration Agreement

Latham & Watkins LLP on

A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company,...more

Williams Mullen

Distressed Clients? Struggling Suppliers? Recession Risks? 7 Practical Considerations to Protect Your Bottom Line

Williams Mullen on

​​​​​​​Customers and suppliers may not willingly admit they are in distress, even when sources of economic pressure can be found everywhere. However, there are some practical steps you can take to increase your situational...more

Dorsey & Whitney LLP

Alternatives For Managing Distress In The Oil Patch

Dorsey & Whitney LLP on

According to the U.S. Energy Information Administration (EIA), the United States (U.S.) regular gasoline retail price as of the Monday before Labor Day fell to $2.22 per gallon this year, the lowest level for this time of...more

Holland & Knight LLP

Massachusetts Court: Café's Rent Excused by COVID Orders That Frustrated Lease's Sole Purpose

Holland & Knight LLP on

The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...more

Hogan Lovells

Talking Point: Insolvency risk in the construction industry

Hogan Lovells on

In the difficult market conditions which have accompanied the COVID-19 pandemic, the financial health of many industries has been adversely affected. The construction industry is no exception and the insolvency of a party to...more

Seyfarth Shaw LLP

Latest Decisions on Force Majeure in the COVID-19 Context

Seyfarth Shaw LLP on

As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more

Goulston & Storrs PC

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

Goulston & Storrs PC on

In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

Barnea Jaffa Lande & Co.

Legal Options for Israeli Companies Operating in the U.S.

COVID-19 has had an enormous impact on business relations around the world. This article specifically considers Israeli-founded companies with contracts governed by U.S. law, or that have business operations or assets within...more

Jaburg Wilk

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

Jaburg Wilk on

When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

A&O Shearman

Covid-19 coronavirus - force majeure, imprévision/hardship and emergency legislation on contracts under French law in light of the...

A&O Shearman on

The Covid-19 pandemic and its consequences are having a major and sudden impact on economic activities and in particular the conditions in which contracts are being performed. A multitude of scenarii can be envisaged, such as...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide