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    The American Recovery and Reinvestment Act encourages debt repurchases and restructurings
    2009-02-20

    Recent declines in the trading prices of many companies' debt securities has created opportunities for those companies to reacquire a portion or all of that debt at substantial discounts through open market repurchases, privately negotiated transactions and tender offers. In some cases, the opportunities for discounted repurchases come to companies directly from investors seeking to sell the debt back in order to meet their own cash needs or otherwise obtain liquidity for thinly-traded securities.

    Filed under:
    USA, Insolvency & Restructuring, Dentons, Private equity, Security (finance), Market liquidity, Privately held company, Accounting, Debt, Tax deduction, Fair market value, Debt restructuring, Buyout, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    USA
    Firm:
    Dentons
    US court considers Pensions Regulator's powers
    2008-11-06

    The US Court has approved a bankruptcy settlement under which a US-listed parent company is liable for the buy-out deficits in its UK subsidiary's pension schemes. Key to the court's considerations was the issue of Financial Support Directions (FSDs) by the UK Pensions Regulator against the US parent company.

    The court decided that:

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debt, Parent company, Buyout, The Pensions Regulator
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Regulated apportionment arrangements
    2010-10-11

    Summary. The Pensions Regulator (the Regulator) has issued a statement on regulated apportionment arrangements (RAA) and employer insolvency (the statement).

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Mayer Brown, Share (finance), Debt, Due diligence, Buyout, Pension Protection Fund, Pensions Act 1995 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    DWP consults on changes to Section 75: certain corporate restructurings will not trigger an employer debt
    2009-10-21

    On 17 September the DWP published a consultation paper (attaching draft regulations) in which it proposes that certain corporate restructurings will not trigger an employer debt under section 75 of the Pensions Act 1995. Following on from amendments introduced by regulations in 2008, the draft regulations also make some technical amendments to the employer debt regime, which are intended to ease its operation in practice.

    Section 75: a reminder

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Herbert Smith Freehills LLP, Debt, Liability (financial accounting), Easement, Defined benefit pension plan, Buyout, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), The Pensions Regulator, DWP, Trustee
    Authors:
    Ian Gault , Alison Brown , Roderick Morton
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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