“Is debt equity swap a “be-all and end-all” restructuring solution?” by Martine GERBER-LEMAIRE (OPF Partners, Luxembourg)

In the years that preceded the financial crisis in 2008, private equity sponsors could easily find priced leverage financing. The most typical type of investment that was carried out, particularly in 2004 and 2005, consisted in a direct investment with an amount of maximum 15% for equity stake (found after having launched an off-shore investment fund), and generally 85% of hybrid instruments also reserved to stakeholders.
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Impact of AIFM Directive in Luxembourg and other EU

On 11 November 2010, the European Parliament – after extensive discussions – adopted the draft directive on managers of alternative investment funds. Although particularly aimed at regulating hedge funds and private equity funds, the directive has a much broader scope, providing for far-reaching changes in the supervision of all investment institutions other than UCITS. The directive, which is expected to come into force early next year, will bring about major changes in the supervisory regime for investment institutions.
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