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).
This update explains the key changes in cross-border insolvency proceedings if the UK leaves the EU without a deal on 31 October 2019 (or at a later date). Importantly, a no-deal exit will impact how and where such insolvency proceedings can be raised in a post-Brexit future.
A bit of background
While the UK is still an EU Member State, EU Regulations provide a clear framework for conducting cross-border insolvency proceedings. The EU Insolvency Regulations (the 2000 Insolvency Regulation and the 2015 Recast Insolvency Regulation) include provisions which:
Less than an hour after an oxygen tank exploded on Apollo 13, mission control told the crew to isolate a small tank, containing 3.9 pounds of oxygen.[1] Days later, that tank provided the oxygen to keep the crew alive while landing back on Earth.
If they had left that tank for even another hour the oxygen in it would have been almost gone.
Am 16. Juli 2019 ist die Richtlinie (EU) 2019/1023 über präventive Restrukturierungsrahmen in Kraft getreten. Ihre Umsetzung in das nationale Recht der Mitgliedstaaten wird von Sanierungsspezialisten vor dem Hintergrund sinkender Wachstumsprognosen und Warnungen vor einem Wirtschaftseinbruch mit Spannung erwartet.
Background
The past couple of years have seen a number of major airlines collapse, including Monarch and Air Berlin. Unfortunately, this year has already seen the number of casualties pile up with the likes of WOW Air, FlyBMI, Primera Air and Jet Airways all ceasing operations. With Thomas Cook – the UK’s oldest travel operator – the latest in jeopardy, we look at Lexology’s recent articles in an attempt to analyse this trend and explore the legislation being introduced to support the aviation industry.
Need some AIR – can airlines operate when insolvent?
While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit, in which the UK leaves the EU without a withdrawal agreement or other deal. Here we look at the potential impact of a no-deal Brexit on cross-border corporate recovery and insolvency.
Key issues
- It is common for the ownership and operation of a hotel to be separated and this should be reflected in a lender's security package.
- In the event of financial distress, a review of the hotel holding and operating structure and security package is essential to identify pre-enforcement and enforcement options available to the lender.
- The practicalities of enforcement need to be considered alongside the legal options, including the position in relation to existing licences and short term funding requirements, as this will inform the strategy for how the a
With the Brexit deadline fast approaching, the ByrneWallace Brexit team address various issues which will impact upon businesses either trading with or through the UK, or with suppliers in the UK, and/or with UK staff based in Ireland or staff in the UK.
In this issue of our Spotlight on Brexit Series, we address Corporate Governance.
Critical issues for businesses to consider in the event of a no-deal Brexit or where transitional arrangements fail to ensure continuity in the treatment of UK companies as EEA undertakings include:
On 7 February 2019, my article entitled “No deal Brexit – impact on insolvency” was published on Lexology. That article was published shortly after the Insolvency (Amendment) (EU Exit) Regulations 2019 (the “2019 Regulations”) were made.