On July 28, 2021, the Supreme Court of Canada (the "SCC") released its decision in Canada v Canada North Group Inc.[1] (2021 SCC 30) confirming that court-ordered super-priority charges ("Priming Charges") granted pursuant to the Companies' Creditors Arrang
In the wake of the economic stress created by COVID-19, we have seen increased opportunities for buyers looking to acquire distressed companies and assets in Canada. Increased deal flow in industry sectors that have been hit hardest by COVID-19, including retail, hospitality, travel, cannabis, and oil and gas has occurred, and with the passage of time other sectors will be affected.
In an insolvency, the three heads of set-off (contractual, legal and equitable) each represent a powerful means of effectively jumping the queue and circumventing the ordinary priority scheme between a company's secured and unsecured creditors.
破产重整,实践中也称之为司法重组、法庭内重组、破产保护,是在人民法院主导下进行的企业重组活动,是《企业破产法》规定的三种程序之一。与破产清算程序不同,破产重整程序旨在帮助限于困境的企业脱离困境、实现重生。自《企业破产法》于2007年6月1日实施以来,沪深两市已有49家上市公司实施了破产重整,其中47家已完成重整。此外,部分从沪深两家交易所退市的公司也实施了破产重整。从实践来看,破产重整的上市公司或者退市公司多数具有债务负担沉重、持续经营能力较弱、盈利能力较差的特点。从结果来看,破产重整程序确实起到了拯救困难企业的积极作用。长航凤凰(SZ,000520)、长航油运5(400061)是近年来通过破产重整程序实现企业脱困复兴的典型案例。
As solar industry observers will already know, on April 21st, 2016, (the “Filing Date”) SunEdison, Inc. (“SunEdison”) and several of its U.S. and international subsidiaries (the "SunEdison Group") filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code (the “Chapter 11 Proceedings”)in the United States Bankruptcy Court for the Southern District of New York (the “ US Bankruptcy Court”).1