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    Federal government steps in to overturn Sons of Gwalia ruling
    2010-02-17

    The High Court of Australia’s Sons of Gwalia Ltd v Margaretic (Sons of Gwalia) decision recognised an aggrieved shareholder’s claim for damages (in relation to the acquisition of shares) on equal footing with those of an insolvent company’s other unsecured creditors. Dispute Resolution Associate, Justin Le Blond, examines the Government’s response to the decision.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Bond market, Shareholder, Unsecured debt, Debt, Misrepresentation, Liquidation, Corporate bond, Distressed securities, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    Leveraged landscape for 2011
    2011-02-09

    The signs for the leveraged finance market in 2011 are mixed. Questions remain as to whether this year will see a fresh spate of restructurings and/or continued growth in primary issuance. Whilst data compiled by Fitch Ratings has shown that European PE backed company default rates slowed in 2010 (and premier league spending during the January transfer window topped £225 million compared with £30 million last year), the primary leveraged finance market has started slowly this year.

    Filed under:
    European Union, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Bond (finance), Bond market, Market liquidity, Debt, Economy, Maturity (finance), Refinancing, Leveraged buyout, Default (finance), Leverage (finance), Inflation, Basel III
    Authors:
    Neil Caddy
    Location:
    European Union
    Firm:
    Mayer Brown
    The role of a Russian bondholders' representative in practice
    2016-09-05

    The role of a bondholders’ representative (BR) improves the protection of bondholders’ rights and provides additional oversight of the execution of the issuer’s bond obligations. Let’s look at some of the practical aspects of BR activities.

    Non-default period of a deal

    The main BR responsibility during a regular deal period (when there is no default or signs of it) is to oversee the issuer’s activities and inform third parties. The law offers no list of events that a BR should control.

    Filed under:
    Russia, Banking, Capital Markets, Insolvency & Restructuring, TMF Group, Bond (finance), Bond market, Bankruptcy
    Authors:
    Andrey Korolev
    Location:
    Russia
    Firm:
    TMF Group
    Bill C-501: proposed changes to priority of pension fund payments
    2010-12-07

    Last month, I appeared before the federal government’s Standing Committee on Industry, Science and Technology to convey our concerns regarding Bill C-501,An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), which if passed will alter the status of

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Bond market, Bankruptcy, Credit (finance), Liability (financial accounting), Default (finance), Defined benefit pension plan, Competitiveness, US Federal Government, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Douglas Rienzo
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Creativity in the courts: use of the CCAA to address asset-backed commercial paper crisis
    2008-10-31

    The Ontario Court of Appeal has approved a creative use of the Companies’ Creditors Arrangement Act (CCAA) designed to unfreeze the $32-billion Canadian market for asset-backed commercial paper (ABCP).

    As has been widely publicized, the Canadian ABCP market froze in August 2007 as a result of concerns in world credit markets arising from the US subprime mortgage crisis. After the market froze, a Pan-Canadian Investors Committee was formed to attempt to restructure it.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, McCarthy Tétrault LLP, Bond market, Asset-backed security, Secured loan, Commercial paper, Royal Bank of Canada, Companies' Creditors Arrangement Act 1933 (Canada), Supreme Court of Canada, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Distressed preferred shares offer attractive restructuring alternative
    2008-12-08

    Distressed preferred shares are an important weapon in the arsenal of a restructuring lawyer. They allow distressed companies to reduce their borrowing costs by restructuring their debt in a way that gives a taxable Canadian resident corporate lender a tax-free return. This means that the lender can accept a dividend rate that is less than the interest rate on the debt it holds and receive the same economic return without losing the priority that came with holding secured debt.

    Filed under:
    Canada, Insolvency & Restructuring, Tax, Osler Hoskin & Harcourt LLP, Bond market, Tax exemption, Shareholder, Debtor, Dividends, Interest, Debt, Economy, Maturity (finance), Refinancing, Cashflow, Default (finance), Subsidiary, Preferred stock, Distressed securities, Secured loan, Income-Tax Act 1961 (India)
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    The new employee super-priority - new issues for secured creditors
    2008-07-17

    For the first time ever in Canada, super-priority rights have been given to employees which will take priority over existing secured creditors.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bond market, Wage, Bankruptcy, Credit (finance), Debtor, Accounts receivable, Income tax, Tax deduction, Secured creditor, Leverage (finance), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Restructurings on the rise in 2008 — companies that need to do it, need to plan ahead
    2007-12-11

    Toronto, December 11, 2007 – The number of restructurings in Canada should rise in 2008 due to the serious tightening of the credit market, according to Ogilvy Renault. The tighter market means that when companies have problems and look for money to solve them, they won’t find financing as easily as they have in the past.

    Filed under:
    Canada, Insolvency & Restructuring, Norton Rose Fulbright, Bond market, Market liquidity, Option (finance)
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Spanish Insolvency Law amendment: refinancing agreements homologation majority rate lowered to 55 percent
    2013-10-28

    The Spanish Congress has approved important amendments into the so-called Spanish scheme of arrangements, to facilitate Spanish company refinancings.

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Bond market, Refinancing
    Authors:
    Ignacio Pallarés , Javier López Antón , Manuel Deó , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Some legal issues on Spanish pre-insolvency debt restructurings
    2013-03-14

    1. Introduction

    Filed under:
    Spain, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Bond market, Debtor, Debt, Corporate bond
    Authors:
    Miguel Lamo de Espinosa Abarca , Rafael Aguilera Álvarez , Álvaro Sainz Ruiz , Javier Izquierdo Jiménez
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados

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