Borrower beware: in times of distress, your credit documents may give your secured lenders an opportunity to “flip” control of your board
Distress happens, even at companies that once appeared financially solid. When it does, the company, its board (which may be controlled by a sponsor in a public or private equity scenario), and its lenders often enter into restructuring discussions in search of a consensual path forward, typically under the terms of a forbearance agreement.
Re: Guangdong Overseas Construction Corporation () (in liquidation) (date of decision: 17 May 2023)
Introduction
Seahawk China Dynamic Fund [2022] HKCFI 1994 (date of reasons for decision: 4 July 2022)
Introduction
Up Energy Development Group Limited [2022] HKCFI 1329 (date of decision: 6 May 2022)
Introduction
The 3 core requirements are factors considered by the Hong Kong Court when deciding whether to exercise its discretion to wind up a foreign incorporated company in Hong Kong.
Ozner Water International Holding Limited (In Liquidation) [2022] HKCFI 363 (date of decision: 27 January 2022)
Hong Kong Fresh Water International Group Limited (In Liquidation) [2022] HKCFI 924 (date of decision: 6 April 2022)
Introduction
海航集团有限公司（于中国内地重整） [2021] HKCFI 2897（裁决日期：2021 年 9 月 16 日）
前言
海航集团有限公司（一家总部设在海南的大型企业，下称“公司”）的内地重整程序最近在香港获得认可。这是香港法院首次向 内地重整程序的破产管理人颁发认可令的案例。
The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to creditors within prescribed guidelines and limitations. The U.S. Bankruptcy Court for the District of New Mexico recently addressed the contours of these powers through a recent decision inU.S. Glove v. Jacobs, Adv. No. 21-1009, (Bankr. D.N.M.