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    WHOA - The future of (international) debt restructurings in The Netherlands
    2020-03-09

    The Act on the confirmation of private plans (Wet homologatie onderhands akkoord or WHOA) was submitted to the Dutch parliament last year and, once adopted, introduces a framework under which tailor-made (financial) restructuring plans can be implemented outside formal insolvency proceedings.

    The WHOA combines elements of the English Scheme of Arrangements, US Chapter 11 and the EU Restructuring Directive (EU 2019/1023).

    The following is an overview of the WHOA's most important features.

    The procedure

    Filed under:
    European Union, Global, Netherlands, Banking, Insolvency & Restructuring, Litigation, CMS Netherlands, Debtor
    Authors:
    Etienne Courbois , Marcel Groenewegen , Marlous de Groot , Wilmy Westerhof
    Location:
    European Union, Global, Netherlands
    Firm:
    CMS Netherlands
    COVID-19 and Financial Distress: Duties and key considerations applicable to all directors
    2020-03-23

    Businesses are currently facing unprecedented challenges. DAC Beachcroft is advising the NHS on covid-19 issues, as well as many corporate clients on the business issues arising out of the pandemic, particularly in relation to employees, insurance, continuity and cyber security.

    Filed under:
    European Union, United Kingdom, Banking, Company & Commercial, Healthcare & Life Sciences, Insolvency & Restructuring, Tax, DAC Beachcroft, Due diligence, Cybersecurity, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Nick Garland , Giles Hindle , Richard Highley
    Location:
    European Union, United Kingdom
    Firm:
    DAC Beachcroft
    Priorities for International Banks 2020
    2020-02-05

    Introduction

    After a turbulent year in British politics, the UK is now clearly charting a momentous course out of the European Union.

    Leaving the European Union is likely to have far-reaching implications, particularly for International Banks who have traditionally used London as a gateway for accessing financial services markets in the rest of Europe. What will happen to single market access in the long term remains to be seen.

    Filed under:
    European Union, United Kingdom, Banking, Environment & Climate Change, Insolvency & Restructuring, IT & Data Protection, Litigation, Public, Real Estate, TLT LLP, Brexit, Libor
    Location:
    European Union, United Kingdom
    Firm:
    TLT LLP
    Restructuring: When is the right time?
    2020-02-17

    HEADLINES

    • Default levels remain historically low at 1 per cent to 2 per cent
    • Prevalence of cov-lite loans in Europe may be concealing some underperformance, but there are no conventional triggers for lenders to act

    Despite concerns that the economic cycle is peaking, and the impact of geopolitical and trade volatility on corporate earnings, leveraged finance default rates show little sign of rising during the next 12 months.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, White & Case
    Authors:
    Ben Davies , Ian Wallace
    Location:
    European Union
    Firm:
    White & Case
    Which law applies when determining the validity of an assignment of receivables cross-border?
    2020-01-23

    The validity of an assignment of receivables cross-border depends on the law that applies to the assignment.

    What might amount to a valid assignment in one jurisdiction, does not mean, that it is valid in another and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies and therefore whether there has been a valid assignment significantly affects the ability of the assignee to rely on the assignment.

    Filed under:
    European Union, Germany, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, European Commission, MiFID, Court of Justice of the European Union
    Authors:
    Jens Rinze
    Location:
    European Union, Germany
    Firm:
    Squire Patton Boggs
    Fund Finance Market Review -Trends and Developments in the Subscription Credit Facility and Fund Finance Markets - Fall 2019
    2019-10-22

    The first half of 2019 continues a long growth rally for the fund finance market, with fund finance deal volume at Mayer Brown significantly up from last year. This growth occurred despite a three-year decline in the number of final fund closings.1 This apparent contradiction can be explained both by the penetration of traditional subscription credit facilities into a broader range of fund types and the diversification of fund finance product offerings in the market (including a notable uptick in the number of hybrid facility and net asset value credit facility closings).

    Filed under:
    European Union, United Kingdom, USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Brexit, Libor, Private equity, US Securities and Exchange Commission
    Location:
    European Union, United Kingdom, USA
    Firm:
    Mayer Brown
    European Commission gives green light for German rescue aid to Condor
    2019-10-31

    On 14 October 2019, the European Commission (“Commission”) approved the German rescue aid to charter airline Condor under the EU State Aid rules.

    Condor is going through a difficult financial situation following the entry into liquidation of the Thomas Cook Group, its parent company. The charter airline is currently facing an acute liquidity shortage but also a loss of important claims against other member companies that it will not be able to collect.

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Trade & Customs, CMS Belgium, European Commission
    Authors:
    Annabelle Lepièce , Marie Vandenneucker
    Location:
    European Union, Germany
    Firm:
    CMS Belgium
    Newsletter | Finance and Restructuring | 2nd quarter 2019
    2019-07-26

    From July 21, the reform of rules on prospectuses, intended to establish a common rulebook across the EU to encourage financing through capital markets, will directly apply in Spain.

    Filed under:
    European Union, Spain, Banking, Insolvency & Restructuring, Real Estate, Tax, Cuatrecasas, Mortgage loan, Stamp duty, European Commission, CJEU, Directorate-General for Competition (EU)
    Location:
    European Union, Spain
    Firm:
    Cuatrecasas
    2019 Is Different From 2008: 4 European Restructuring Developments for Private Equity Firms to Consider
    2019-06-24

    Persisting political and economic uncertainty means awareness of market changes remains crucial.

    The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant defaults and balance sheet deleveraging forced refinancings and debt-for-equity swaps. While restructuring conditions for PE firms are stronger in 2019 than they were in 2008, persisting political and economic uncertainty means that awareness of market developments remains important.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Securitization & Structured Finance, Latham & Watkins LLP, Private equity
    Authors:
    Tom D. Evans , David J. Walker , Catherine Campbell
    Location:
    European Union
    Firm:
    Latham & Watkins LLP
    EU Banking reforms imminent
    2019-06-27

    The banking reform package marks an important step toward the completion of the European post-crisis regulatory reforms

    Filed under:
    European Union, Banking, Capital Markets, Insolvency & Restructuring, White Collar Crime, White & Case, Money laundering, Fintech, Capital requirement, European Commission, European Securities and Markets Authority, MiFID
    Authors:
    Stuart Willey , Willem Van de Wiele , Paul Alexander
    Location:
    European Union
    Firm:
    White & Case

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