HEADLINES -
-Rising interest rates and reduced refinancing options are increasing the likelihood of restructuring and financial distress in the next 12 months
-Cov-lite debt packages have given borrowers breathing...more
2/2/2023
/ Borrowers ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Financial Distress ,
Interest Rates ,
Investment ,
Investment Adviser ,
Investors ,
Lenders ,
Private Equity ,
Refinancing ,
Restructuring
Recently, the Supreme Court of the United Kingdom released its judgment in BTI 2014 LLC v Sequana SA1. This marks the first occasion on which the nature, scope and content of directors' duties to creditors when a company is...more
While the timing of competing English and German insolvency applications in Re Galapagos1 allowed for clear determination of jurisdiction under the UK Insolvency Regulation, there remains potential uncertainty as to how...more
A strong market for refinancing and low interest rates have enabled most borrowers in Europe and the US to avoid bankruptcy and restructuring procedures -
So far this year, fewer European and American businesses have...more
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
The new UK Corporate Insolvency and Governance Act (CIGA), which took effect in June 2020, ushers in permanent changes to the English insolvency and restructuring landscape as well as temporary, and largely retrospective,...more
9/26/2020
/ CIGA ,
Commercial Bankruptcy ,
Corporate Insolvency and Governance (CIG) Act 2020 ,
Cramdown ,
Ipso Facto Clauses ,
Moratorium ,
Numerosity ,
Popular ,
Scheme of Arrangement ,
UK ,
Valuation
HEADLINES
- Default levels remain historically low at 1 per cent to 2 per cent
- Prevalence of cov-lite loans in Europe may be concealing some underperformance, but there are no conventional triggers for lenders to...more
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
As more Turkish companies begin to report liquidity issues and economic pressures begin to bite, successful financial restructurings are likely to become increasingly critical to the prosperity of the Turkish economy...more
4/15/2019
/ Bonds ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Credit Institutions ,
Debt Restructuring ,
Depreciation ,
Financial Institutions ,
Foreign Investment ,
Liquidity ,
Scheme of Arrangement ,
Turkey
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