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    Marblegate: what does it mean for European restructurings?
    2017-01-25

    In a highly-anticipated decision on a long-running bondholder dispute, the US Court of Appeals for the Second Circuit issued its judgment last week in Marblegate Asset Management LLC v Education Management Corp. It concluded that “Section 316(b) [of the US Trust Indenture Act 1939] prohibits only non-consensual amendments to an indenture’s core payment terms”, i.e. the amount of principal and interest owed and the maturity date.

    Filed under:
    European Union, USA, Capital Markets, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Second Circuit
    Authors:
    Andrew Wilkinson , Alexander Wood , Patrick Bright , Nitin Konchady
    Location:
    European Union, USA
    Firm:
    Weil Gotshal & Manges LLP
    Guardians of New Zealand Superannuation Fund & Ors v Novo Banco, S.A. [2016] EWCA Civ 1092
    2017-01-25

    Following the collapse of Banco Espirito Santo, the Court of Appeal held that a $835m loan had not been transferred to Novo Banco.

    This case concerns a Court of Appeal hearing following the 2014 collapse of substantial Portuguese bank Banco Espirito Santo ('BES').

    In June 2014, Oak Finance Luxembourg SA ('Oak') entered a facility agreement with BES to lend approximately $835million. The agreement contained English law and jurisdiction clauses.

    Filed under:
    European Union, Portugal, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    European Union, Portugal, United Kingdom
    Firm:
    Ashfords LLP
    ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov)
    2017-01-25

    The Court of Justice of the European Union ("ECJ") has handed down a notable judgment in the case of ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov), ruling that domestic laws governing forfeiture of a claim in insolvency proceedings apply to foreign creditors too

    Background

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Ashfords LLP, Court of Justice of the European Union
    Authors:
    Rachel Maddocks
    Location:
    European Union
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - January 2017
    2017-01-27

    ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov)

    The Court of Justice of the European Union ("ECJ") has handed down a notable judgment in the case of ENEFI Energiahatékonysági Nyrt v Directia Generala Regionala a Finantelor Publice Brasov (DGRFP) [2016] All ER (D) 110 (Nov), ruling that domestic laws governing forfeiture of a claim in insolvency proceedings apply to foreign creditors too.

    Filed under:
    European Union, India, Slovakia, United Kingdom, Insolvency & Restructuring, Litigation, Public, Ashfords LLP, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Alan Bennett
    Location:
    European Union, India, Slovakia, United Kingdom
    Firm:
    Ashfords LLP
    The European account preservation order at a Glance - 7 questions & 7 answers
    2017-01-31

    The EU Regulation No 655/2014 of 15 May 2014 established a European Account Preservation Order (“EAPO”). The Regulation became applicable as of 18 January 2017 within the EU except for the United Kingdom and Denmark .

    Who should be interested in this Regulation?

    Subject to the reservation in 2 below, anybody who holds money claims against a debtor domiciled in another EU Member State, whether a company or a consumer, provided that no insolvency proceedings are pending with regard to the debtor.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Wolf Theiss
    Authors:
    Holger Bielesz
    Location:
    European Union
    Firm:
    Wolf Theiss
    Funds Talk: February 2017
    2017-02-01

    Funds Talk: February 2017

     

    Topics covered in this issue include:

    Filed under:
    European Union, USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Derivatives, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Tax, White Collar Crime, Kramer Levin Naftalis & Frankel LLP, Employee Retirement Income Security Act 1974 (USA), Internal Revenue Code (USA)
    Location:
    European Union, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Reverse Cross Border merger could become popular as UK companies restructure in advance of Brexit
    2017-02-03

    Reverse cross border mergers could become a popular device for UK companies seeking to maintain and preserve “passporting” or other EU rights.

    The mechanism of a reverse cross-border merger (in this context whereby a UK parent company merges with their continental European subsidiary) has not historically been permitted under English law. However the provisions of an EU directive implemented in the UK in 2007 changed that position giving UK company groups that option.

    Filed under:
    European Union, United Kingdom, USA, Corporate Finance/M&A, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), European Commission
    Authors:
    Robert Bell
    Location:
    European Union, United Kingdom, USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The legal debate concerning an Italian exit from the Euro
    2017-02-03

    Introduction

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Nctm Studio Legale, European Commission, Council of the European Union, European Parliament, Treaty on the Functioning of the European Union
    Authors:
    Dario Loiacono
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    The Road Ahead for 2017- Restructuring & Insolvency in the UK
    2017-01-10

    The uncertainties of the UK’s Brexit negotiations with the remaining 27 EU member states are weighing heavily on the UK economy. The 2 years of negotiations will not even begin until notice is served under Article 50 and the procedure as to how Article 50 can be triggered will be the subject of a Supreme Court decision expected later this month.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Real Estate, Squire Patton Boggs, Brexit
    Authors:
    Susan Kelly
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Retail 2017 - a challenging road ahead?
    2017-01-12

    The British Retail Consortium (BRC) recently reported strong trading for the UK high street in the weeks leading up to Christmas 2016. In a fillip for a sector beset by problems, the slow start to the Christmas trading period was reversed as spending in the sector in December grew 1.7% on the same period last year.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, DLA Piper, Leasehold estate
    Authors:
    Robert Russell
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper

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