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    Singapore court considers whether lock-up agreements alter the classification of creditors
    2022-03-11

    Lock-up agreements typically involve the company's creditors committing in advance to vote at the relevant class meeting in favour of the contemplated scheme. Lock-up agreements serve an important commercial purpose of either securing support or giving an indicator as to likely support for the scheme before the parties incur the time and expense in finalising the negotiation process of the scheme.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Alexander McMyn , Charles McConnell , Joann Ho
    Location:
    Singapore
    Firm:
    White & Case LLP
    Singapore: Debt Restructuring Hub Ready For Business
    2017-04-03

    After months of public consultations and revision, the Singapore parliament passed the Companies (Amendment) Bill (the "Bill") on 10 March 2017 amending the Singapore Companies Act (the "Companies Act"). The Bill contains, among others, significant and novel changes to Singapore's insolvency laws. This is no doubt a giant step towards positioning Singapore as Asia Pacific's Debt Restructuring Hub with cross-border restructuring capabilities.

    Introduction - The Bill

    Filed under:
    Singapore, USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Title 11 of the US Code
    Authors:
    Guan Feng Chen , Weibin Quek
    Location:
    Singapore, USA
    Firm:
    White & Case LLP
    Mexico: New federal courts for commercial bankruptcy proceedings (concursos mercantiles)
    2022-03-07

    In order to encourage the promotion and specialized attention of corporate restructurings and insolvency proceedings, by agreement of the Plenary of the Federal Judiciary Council of Mexico, two district courts specialized in commercial bankruptcy matters (concursos mercantiles) have been created, located in Mexico City.

    Courts in Commercial Bankruptcy Matters

    Filed under:
    Mexico, USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP
    Location:
    Mexico, USA
    Firm:
    White & Case LLP
    Recent Cases Restrict Issuers' Ability to Avoid Paying Premiums
    2017-01-11

    Indentures governing high yield and investment grade notes typically provide for a make-whole or other premium to be paid if the issuer redeems the underlying notes prior to maturity. The premiums are intended to compensate the investor for the loss of the bargained-for stream of income over a fixed period of time.[1] Generally, though, under New York law, a make-whole or other premium is not payable upon acceleration of notes after an event of default absent specific indenture language to the contrary.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Third Circuit
    Authors:
    Gary Kashar , Owen C. Pell
    Location:
    USA
    Firm:
    White & Case LLP
    Directors duties: a stark reality following the recent ‘Marka Ruling’ and subsequent amendments to the UAE bankruptcy law
    2021-12-14

    On 1 November 2021, the Federal Decree Law No. 35 of 2021 (the "Decree") (amending certain provisions of the Federal Decree Law No.9 of 2016 concerning Bankruptcy (the "UAE Bankruptcy Law")) came into force. The publication of the Decree follows a significant decision relating to directors' duties by the Dubai Court of First Instance in the matter involving the bankruptcy of Marka Holdings PJSC ("Marka") (the "Marka Case").

    Overview

    Filed under:
    United Arab Emirates, Capital Markets, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Corporate governance
    Location:
    United Arab Emirates
    Firm:
    White & Case LLP
    Caremark liability extended to corporate officers
    2008-05-02

    Do officers of a public corporation have an affirmative obligation to monitor corporate affairs? Yes, according to Judge Walsh in his recently issued memorandum opinion in Miller v. McDonald (In re World Health Alternatives, Inc.).1 Although "Caremark" oversight liability had previously generally only been imposed on directors of public corporations, the Bankruptcy Court for the District of Delaware determined that officers are not immune from such liability as a matter of law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Debtor, Breach of contract, Fraud, Fiduciary, Accounts receivable, Misconduct, Accounting, Misrepresentation, General counsel, Sarbanes-Oxley Act 2002 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Insolvency 2021: trends and developments
    2021-11-30

    Fewer Insolvencies for More Opportunities

    At the end of 2021, corporate bankruptcies (for most company sizes and in most sectors) were at their lowest level compared to the pre-COVID-19 figures from 2019, with a 50% drop in insolvency proceedings and a 10% decrease in pre-insolvency situations. This was largely due to the temporary impact of government emergency measures and support, including:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Employee Retirement Income Security Act 1974 (USA), Supply chain, Coronavirus
    Authors:
    Saam Golshani , Alexis A Hojabr
    Location:
    USA
    Firm:
    White & Case LLP
    FTSE 350: Snapshot of arrangements for AGMs to be held after 30 March 2021
    2021-04-12

    Following the end of the flexibilities afforded by The Corporate Insolvency and Governance Act 2020 (CIGA) in relation to the conduct of general meetings and following the publication of guidance by The Chartered Governance Institute (ICSA) we have reviewed notices of Annual General Meetings (AGMs) to be held after 30 March 2021. We set out some common themes around how companies are organising their AGMs in light of the guidance issued and the current restrictions in place.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Corporate governance
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    European Real Estate Finance: Market Update - Q1 2021
    2021-03-25

    European Real Estate Finance: Market Update – Q1 2021 March 2021 Authors: Jeffrey Rubinoff, Dr. Thomas Flatten, Thierry Bosly, Hadrien Servais, Carl Hugo Parment, Fernando Navarro, Christophe Goossens, Julio Peralta, Angel Calleja, Aurélie Terlinden, Alexandra Stolt, Amitaben Patel & Brendon Vyas Further information on the response to COVID-19 can be found here, and we also have a German-language article, available here, looking at the impact on commercial leases. LIBOR Discontinuation Much has happened in the world of LIBOR Discontinuation since our last update.

    Filed under:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White & Case LLP, Brexit, Libor, Private equity, Euribor, Force majeure, Coronavirus, Commercial tenant, EU-UK Trade and Cooperation Agreement, HM Revenue and Customs (UK)
    Location:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom
    Firm:
    White & Case LLP
    Ipso facto clauses under the Insolvency, Restructuring and Dissolution Act
    2020-08-20

    The Insolvency, Restructuring and Dissolution Act 2018 (the "IRDA") came into force on 30 July 2020. The consolidation of all personal and corporate insolvency and debt restructuring legislation into a single statute, along with other legislative changes, seeks to further strengthen Singapore's position as an international debt restructuring hub. This note highlights the new restrictions on ipso facto provisions effected by the IRDA, which will be of particular interest to loan market participants.

    Restrictions on ipso facto clauses

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, White & Case LLP
    Authors:
    Charles McConnell , Joann Ho , Weibin Quek
    Location:
    Singapore
    Firm:
    White & Case LLP

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