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Due to the current economic downturn, many corporations (Borrowers) may find themselves in financial difficulty and need to refinance their existing debt obligations with creditors (Lenders). Such Borrowers may be able to reduce their financing costs through the issuance of “distress preferred shares” (DPS). This method of refinancing generally does not adversely affect the Lenders, as they can receive equal or better after-tax returns on their investments without jeopardizing their security and priority.

En 2019, les tribunaux canadiens, dont la Cour suprême du Canada, ont rendu un certain nombre de décisions qui présentent un intérêt pour les prêteurs commerciaux et les spécialistes des dossiers de restructuration. Le présent article propose, pour chacune de ces affaires, un résumé des enjeux d’importance.

In 2019, a number of judicial decisions were rendered across Canada, including by the Supreme Court of Canada (SCC), that will be of interest to commercial lenders and restructuring professionals. This article summarizes the core issues of importance in each of these cases.

In 2019, a number of judicial decisions were rendered across Canada, including by the Supreme Court of Canada (SCC), that will be of interest to commercial lenders and restructuring professionals. This article summarizes the core issues of importance in each of these cases.

Saam Golshani and Alexis Hojabr, White & Case LLP

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.

Christopher Harlowe and Christopher Levers, Mourant

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.

The Cayman Islands has established itself as the jurisdiction of choice for financially sophisticated businesses such as hedge funds, private equity funds, special purpose vehicles and trusts that use offshore vehicles.

David Baxter and Brian O’Malley, A&L Goodbody

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.

Introduction

Pre-packs in Ireland probably are not as common as they should be. In theory, a pre-pack is broadly available in each of our insolvency procedures: liquidation, examinership and receivership.

Dominic Emmett and Hannah Cooper, Gilbert + Tobin

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.

Dennis F Dunne, Dennis C O'Donnell and Nelly Almeida, Milbank LLP

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.

Introduction

Jacqueline Ingram and Damilola Odetola, Milbank LLP

This is an extract from the first edition of GRR's The Art of the Pre-Pack. The whole publication is available here.