The UK has introduced a new restructuring tool, the Restructuring Plan, which when coupled with other provisions of the new law creates the possibility of the management of a company in financial difficulty remaining in control of a process designed to turn the company around as a going concern whilst in many cases having the benefit of a moratorium. Sounds a little like Chapter 11 in the US?

We examine whether the Restructuring Plan will offer aviation companies in the UK (and elsewhere?) a potential route to deal with the difficulties caused by the COVID-19 pandemic.

The Spanish government has announced emergency measures aimed at protecting businesses and supporting economic recovery and employment in the country.

We highlight the main measures in the decree (RDL 25/2020) below:

1. Support for investment and solvency

 State-backed guarantees for new investments

A further €40 billion of guarantees from Spain’s financial agency (ICO) are made available to finance productive

investment (unlike previous guarantees, aimed to be liquidity buffers).

Se ha publicado en el BOE un nuevo Real Decreto-ley (el 25/2020), con medidas urgentes destinadas a preservar el tejido productivo y apoyar la reactivación económica y el empleo.

Destacamos a continuación las principales novedades:

1. Medidas de apoyo a la inversión y a la solvencia

Se aprueba una nueva línea de avales ICO por importe de hasta un máximo de 40.000 millones de euros para

financiar inversiones productivas (a diferencia de las anteriores líneas, que estaban destinadas solucionar

problemas de liquidez).

Questions and answers on the effect of the part A1 moratorium to be introduced by the Corporate Insolvency and Governance Act 2020 from a Lender's perspective.

The Corporate Insolvency and Governance Act 2020 (CIGA) was enacted on 26 June 2020 and includes measures both as a response to COVID-19, which apply temporarily, and measures which apply permanently, part of a long-planned package of insolvency reform measures.

Good afternoon.

Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Not surprisingly, it was a light week.

The (the CIG Act) received Royal Assent on 25 June 2020 and effects wide ranging changes.

The Government of India has introduced a slew of legislative, regulatory and financial measures to support the MSME sector amidst the financial crisis created by the COVID-19 pandemic.

Background

The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) provides a raft of protections and incentives for micro, small and medium enterprises (MSMEs).

Yuzu v Selvathiraviam [2020] EWHC 1539 (Ch) and Yuzu v Selvathiraviam [2020] EWHC 1694 (Ch)

Further to his findings in an earlier judgment that Mr Selvathiraviam (‘R’) had deliberately breached the asset disclosure provisions in a freezing injunction, Mann J imposed an 18 month sentence on R, unconditionally suspended for 21 days. He commented as follows:

Secured lenders are troubled at the recent news that a New York state court judge denied a preliminary injunction request filed in the Supreme Court of New York by a group of dissenting first-lien lenders, seeking to prevent a borrower, Serta Simmons, and certain first-lien consenting lenders from entering into a recapitalization transaction. In exchange for the purchase of the consenting lenders’ debt at a discount, the consenting lenders received new super-priority debt ranking ahead of the non-consenting lenders’ debt.

The Corporate Insolvency and Governance Act 2020 came into effect in the United Kingdom on 26 June 2020. It makes major changes to UK insolvency law. The full extent of those changes will only become apparent in the following months, as the courts and insolvency practitioners grapple with its 254 pages. Three strange aspects of the Act will fundamentally affect how financings to UK companies are structured and documented.