We would like to introduce you to a great new feature of the revised German Insolvency Act which makes debt-equity-swaps in Germany (e.g., as part of loan-to-own transactions) a lot more attractive. It eliminates troubles caused by change-of-control provisions in agreements between an insolvent company and third parties.
Introduction: Debt-Equity- Swaps Now Possible Under German Insolvency Act
German Parliament passes “Act for the Further Facilitation of the Restructuring of Companies“ (Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen, ESUG)
Germany, Insolvency & Restructuring, Latham & Watkins LLP, Shareholder, Debtor, Interest, Option (finance), Swap (finance), Hedge funds, Debt, Balance sheet, Forum shopping, Bundestag