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    Reform of the energy sector relating to renewable energies: corporate, contractual and insolvency issues of interest
    2014-03-03

    On December 28, 2013, the new Electricity Sector Act (Act 24/2013, of December 26) or “LSE” came into force.

    The LSE maintains the essence of the rules established under Royal Decree- Law 9/2013, of July 12. Existing renewable energy plants will receive the market price and will be entitled to additional remuneration that, based on investment costs and standard operations costs, will enable them to achieve certain profitability.

    Filed under:
    Portugal, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Cuatrecasas, Renewable energy
    Location:
    Portugal
    Firm:
    Cuatrecasas
    Doing business in Portugal - a legal and tax perspective
    2015-10-09

    DOING BUSINESS IN PORTUGAL A legal and tax perspective This guide provides general information to investors intending to operate in Portugal on legal issues on which they may need advice. It is not intended, and cannot be considered, as a comprehensive and detailed analysis of Portuguese law or, under any circumstances, as legal advice from Cuatrecasas, Gonçalves Pereira. This guide was drafted on the basis of information available as of October, 2015. Cuatrecasas, Gonçalves Pereira is under no obligation and assumes no responsibility to update this information. All rights reserved.

    Filed under:
    Portugal, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Real Estate, Tax, Telecoms, Cuatrecasas
    Location:
    Portugal
    Firm:
    Cuatrecasas
    Euroresource--deals and debt
    2013-07-30

    Recent developments

    Filed under:
    Netherlands, Spain, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Public company, Shareholder, Amicus curiae, Debt, Articles of association, Fonds monétaire international, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Bruce Bennett , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Netherlands, Spain, United Kingdom, USA
    Firm:
    Jones Day
    Sabine - A New York Bankruptcy Judge’s Interpretation of Texas Property Law Encourages Compromise and Leaves an Industry in Limbo
    2016-06-17

    On March 9, 2016, Bankruptcy Judge Shelley Chapman of the Southern District of New York issued her decision on the Debtor’s motion to reject certain contracts in Sabine Oil & Gas Corporation’s Chapter 11 case.[i] The decision, which allowed Sabine to reject “gathering agreements”

    Filed under:
    USA, New York, Texas, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy
    Authors:
    Craig K. Schuenemann
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Paramountcy of federal corporate insolvency priority regime upheld again - Linc Energy
    2018-03-15

    The Queensland Court of Appeal has upheld an appeal by the liquidators of Linc Energy Limited (In Liquidation) (“Linc”) and given full effect to their disclaimer of contaminated mining property and onerous obligations the subject of an environmental protection order (“EPO”) issued by the Queensland Department of Environment and Science (“DES”).[1]

    Filed under:
    Australia, Queensland, Energy & Natural Resources, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Queensland Supreme Court
    Authors:
    Philip Pan
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Solyndra’s bankruptcy prompts scrutiny
    2011-09-08

    Following California-based solar manufacturer Solyndra’s announcement August 31 that it intends to file for bankruptcy, House Energy and Commerce Committee Chairman Fred Upton (R-MI) and Oversight Subcommittee Chairman Cliff Stearns (R-TX) requested more documents from the White House regarding the Department of Energy’s $535 million loan guarantee to the company, the first to be awarded in September 2009. The bankruptcy is likely to intensify congressional criticism of the agency’s loan guarantee program and other renewable energy subsidies.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Mintz, Bankruptcy, Renewable energy, Government agency, US Congress, US House Committee on Energy and Commerce, US Senate Committee on Commerce, Science, and Transportation, US Department of Energy
    Location:
    USA
    Firm:
    Mintz
    Oil, Gas and Mineral Companies Take Note: Agreements Purporting to “Run with the Land” may be Rejected in Bankruptcy
    2016-04-06

    A recent bankruptcy court decision from the influential Southern District of New York permitted a debtor to reject executory contracts with midstream gathers as an exercise of sound business judgment. In In re Sabine Oil & Gas Corporation, the court issued an advisory ruling in which it determined that certain provisions of the rejected contracts were not covenants that ran with the land, and thus could be rejected thereby relieving the debtor of a financial hardship.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mintz
    Location:
    USA
    Firm:
    Mintz
    Puerto Rico and PREPA seek dismissal of bondholder challenge to territory’s bankruptcy statute
    2014-07-22

    The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority (PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the recently-enacted Puerto Rico Public Corporation Debt Enforcement and Recovery Act.&n

    Filed under:
    Puerto Rico, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Public, Mintz
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico
    Firm:
    Mintz
    Be prepared: PREPA bondholders greet Puerto Rico’s bankruptcy legislation with federal lawsuit
    2014-06-30

    On Saturday, June 28, Puerto Rico’s Governor Padilla signed into effect Puerto Rico’s new bankruptcy law for certain revenue bond issuers.  Within 24 hours of the statute’s enactment, two mutual fund complexes owning approximately $1.7 billion in bonds of the Puerto Rico Electric Power Authority (PREPA) filed a complaint in the federal district court for Puerto Rico, seeking a declaratory judgment invalidating the fledgling legislation.

    Filed under:
    Puerto Rico, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Public, Mintz
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico
    Firm:
    Mintz
    China’s Suntech bankruptcy
    2013-04-01

    On March 20, Suntech, a Chinese solar manufacturing company, declared bankruptcy. Questions have arisen on how the country’s solar industry will now cope with overcapacity issues which stem from a decline in demand from Europe. The declaration comes a week after the company announced it had defaulted on $541 million of bonds.

    Filed under:
    China, Energy & Natural Resources, Insolvency & Restructuring, Mintz
    Authors:
    R. Neal Martin
    Location:
    China
    Firm:
    Mintz

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