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    Tighter lending environment fuels distressed M&A deals
    2008-06-17

    Although the global “credit crisis” phenomenon has been dominating the headlines for some time, the implications of it in Canada may just be beginning in the form of increased distressed M&A activity. The past decade of unprecedented growth and the abundance of liquidity has been replaced in the past few months by a more conservative lending environment. Around the country, bank loan officers are busy reviewing financial statements and covenant compliance certificates, and assessing loan renewals of corporate clientele.

    Filed under:
    Canada, Corporate Finance/M&A, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Bond (finance), Shareholder, Credit (finance), Interest, Market liquidity, Consideration, Liquidation, Due diligence, Stakeholder (corporate), Warranty, Default (finance)
    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
    Änderungen im Insolvenzrecht: ein wichtiger Schritt im Kampf gegen schikanöse Insolvenzanträge
    2013-01-31

    Es war eine immer häufi gere Praxis der Gläubiger, grundlose Insolvenzanträge zu stellen, um einen Konkurrenten vom Konkurrenzkampf zu eliminieren. Auf diese reagiert die Novelle des Insolvenzgesetzes, die am 1. November 2012 in Kraft trat.

    Filed under:
    Czech Republic, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Credit (finance)
    Authors:
    Barbora Dubanská
    Location:
    Czech Republic
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    New restructuring/reorganization and transfer procedures for endangered German-based credit institutions.
    2010-10-08

    On 13 July 2010 Germany's Federal Ministry of Justice and Finance published a discussion draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of a Restructuring Fund for Credit Institutions and for the Extension of the Limitation (Restructuring Act).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs, Credit (finance), Liquidation, Endangered species
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Germany’s response to “too big to fail”
    2010-09-13

    1. Introduction

    On 25 August 2010, the German government published a draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of Restructuring Fund for Credit Institutions and for the Extension of the Limitation Period of Corporate Law Management Liability (Restrukturierungsgesetz, the “German Restructuring Act”). It is anticipated that the German Restructuring Act will soon be introduced to the German parliament and be passed quickly.  

    Filed under:
    Germany, Banking, Insolvency & Restructuring, White & Case, Shareholder, Credit (finance), Debt, Liquidation, Bank regulation, Federal Financial Supervisory Authority (Germany), Bundestag
    Authors:
    Dr. Dennis Heuer , Scott Berger , Matthias Kasch , Stephen Phillips , Daniel Baierlein , Ulf Gosejacob
    Location:
    Germany
    Firm:
    White & Case
    Hungarian bankruptcy and corporate legislation revised
    2007-03-12

    Changes to Hungarian bankruptcy law mean that priority will be given to creditors who pledge property as security or collateral. Minor changes to Hungarian corporate legislation require companies to list specific court registration information on their official correspondence and websites.

    Introduction

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Public company, Bankruptcy, Costs in English law, Credit (finance), Debtor, Collateral (finance), Liquidation, Liquidator (law), Capital punishment, Dissolution (law)
    Location:
    Hungary
    Firm:
    Freshfields Bruckhaus Deringer
    Further measures on bank stabilisation
    2011-04-04

    TheCentral Bank and Credit Institutions (Resolution) Bill 2011 seeks to establish a more permanent and a wider framework for dealing with insolvent banks and banks in financial difficulty. It is intended that the legislation would replace and extend the provisions contained in the Credit Institutions (Stabilisation) Act 2010.

    The new Bill was published to meet the end of February deadline set under the terms of the EU-IMF Financial Support Agreement.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Matheson LLP, Credit (finance), Credit union, Liability (financial accounting), Liquidation, Holding company, Subsidiary, Building society, Fonds monétaire international, Central bank
    Location:
    Ireland
    Firm:
    Matheson LLP
    The options open to the directors of troubled companies
    2008-10-16

    The first anniversary of the credit crunch passed in recent weeks and the economic turbulence in this country has been reflected in the sharp increase in the number of insolvencies over the past 12 months.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, LK Shields, Shareholder, Credit (finance), Collateral (finance), Asset management, Debt, Credit risk, Liability (financial accounting), Liquidation, Common law, Liquidator (law), Non-executive director, Credit crunch, Companies Act, Supreme Court of the United States, High Court (Ireland)
    Location:
    Ireland
    Firm:
    LK Shields
    Japanese and Singaporean investors capitalizing on U.S. investment opportunities
    2011-06-06

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 4, No. 6 edition of the Bloomberg Law Reports—Asia Pacific Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    Japan, Singapore, USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Troutman Pepper, Foreign direct investment, Credit (finance), Security (finance), Market liquidity, Subprime lending, Investment banking, Economy, Balance sheet, Distressed securities, Brokerage firm
    Authors:
    Todd A. Feinsmith , Chaitra Gokul-Srinath
    Location:
    Japan, Singapore, USA
    Firm:
    Troutman Pepper
    Landsbanki (Icesave): dismissal of request to extend emergency regulations
    2010-12-10

    On March 8 2010 the Amsterdam District Court dismissed an application by the administrators of the Dutch branch of Landsbanki hf to extend the term of the emergency regulations that had been declared applicable to the Dutch branch by the court on October 13 2008.(1) As a result, the regulations ceased to apply on March 13 2010.

    Facts

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Litigation, NautaDutilh, Legal personality, Credit (finance), Market liquidity, State of emergency, Substantive due process, European Commission, European Economic Area, De Nederlandsche Bank
    Authors:
    René van de Klift
    Location:
    Netherlands
    Firm:
    NautaDutilh

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