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    ERGO Analysing Development Impacting Business: Avoidance Applications can Continue Before NCLT Post Plan Approval - Clarifies Delhi High Court in Tata Steel BSL vs Venus Recruiters (2023/DHC/000257)
    2023-01-27

    Brief Facts

    Filed under:
    India, Insolvency & Restructuring, Khaitan & Co, Fourth Amendment, Tata Steel Ltd, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Siddharth Srivastava , Raveena Rai , Shikha Mohini , Saloni Gupta
    Location:
    India
    Firm:
    Khaitan & Co
    Amendment of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
    2022-10-14

    The Insolvency and Bankruptcy Board of India (“IBBI”) notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2022 on September 16, 2022 (“Fourth Amendment”) and the IBBI (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2022 on September 20, 2022 (“Fifth Amendment”). The Fourth Amendment and the Fifth Amendment are collectively referred to as the “Amendments”). We have summarised the Amendments below.

    Filed under:
    India, Insolvency & Restructuring, JSA, Supply chain, Fourth Amendment, Insolvency, Insolvency and Bankruptcy Code (India)
    Authors:
    Aashit Shah , Megha Saraf
    Location:
    India
    Firm:
    JSA
    ERGO Analysing Development Impacting Business: IBBI Amends the CIRP Regulations to Align them with Longstanding Stakeholder Demands
    2022-09-23

    Introduction

    The Insolvency and Bankruptcy Board of India (IBBI) on 16 September 2022 promulgated the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2022 (CIRP Amendment Regulations) amending the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations).  

    The key amendments introduced by the CIRP Amendment Regulations are as follows: 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Supply chain, Fourth Amendment, Insolvency, Insolvency and Bankruptcy Code (India)
    Authors:
    Siddharth Srivastava , Mohit Kishore , Shikha Mohini
    Location:
    India
    Firm:
    Khaitan & Co
    Phasing-out of the Temporary Framework on State aid linked to the COVID-19 crisis
    2022-05-31

    On 19 March 2020, the European Commission adopted the Temporary Framework on State aid measures to support the economy in the current context of the COVID-19 outbreak ("Temporary Framework"). The Temporary Framework is based on Article 107(3)(b) TFEU and aims to remedy a serious disturbance in the European economy.

    Filed under:
    Belgium, European Union, Corporate Finance/M&A, Insolvency & Restructuring, Trade & Customs, CMS Belgium, Fourth Amendment, State aid, Coronavirus, European Commission
    Authors:
    Annabelle Lepièce , Raphaël Brochier
    Location:
    Belgium, European Union
    Firm:
    CMS Belgium
    The Cannabis Conundrum: Can Cannabis Companies File Chapter 15?
    2022-05-20

    Recreational cannabis is now legal in 19 states and Washington D.C., driving the growth of legal cannabis sales estimated at $33 billion this year—up 32% from 2021—and expected to reach $52 billion by 2026.[1] This movement signals that financial investment in cannabis is not abating but accelerating notwithstanding the impact of the lingering COVID-19 pandemic.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Cannabis, Fourth Amendment, Coronavirus, US Congress
    Authors:
    Catherine Jun , Colin Davidson
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Risks Relating to Distressed Portfolio Companies (Part I: Continuous Contractual Breach Under a Loan Agreement)
    2022-02-01

    In an opinion that mostly flew under the radar in 2021, Judge Christopher Sontchi from the Bankruptcy Court for the District of Delaware (the “Court”) found investment firm Yucaipa American Alliance Fund I, L.P. and Yucaipa American Alliance (Parallel) Fund I, L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity, Fourth Amendment
    Authors:
    Ronit J. Berkovich , Teddy Cohan , Glenn D. West , Andrew J. Yoon
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Distressed Portfolio Company Risks (Part I: Sponsor Breach of Company Loan Agreement)
    2022-02-01

    In an opinion that mostly flew under the radar in 2021, Judge Christopher Sontchi from the Bankruptcy Court for the District of Delaware (the “Court”) found a private equity sponsor (the “Sponsor”)1 liable (and, in some cases, not liable) under various contractual and tort theories in connection with actions the Sponsor took or did not take in its failed efforts to stave off a potential bankruptcy filing of its portfolio company, Allied Systems Holdings, Inc., now known as ASHINC Corporation (“Allied” or the “Company

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Private equity, Fourth Amendment
    Authors:
    Ronit J. Berkovich , Teddy Cohan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    COVID-19 Government Intervention Schemes
    2021-06-01

    COVID-19

    Government Intervention Schemes

    Current as of 21 May 2021

    Government Intervention Schemes

    COVID-19 Government Intervention Schemes 2

    Countries around the globe are facing unprecedented and rapid change due to the COVID-19 pandemic. This guide provides a summary of key government interventions around the globe in relation to: EU State Aid Approvals (for EMEA region), foreign investment restrictions, debt, equity and taxation.

    Filed under:
    Canada, China, European Union, Hungary, United Kingdom, USA, Agriculture, Banking, Capital Markets, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Media & Entertainment, Tax, Baker McKenzie, Libor, Private equity, Venture capital, Supply chain, Telemedicine, Cloud computing, Fourth Amendment, State aid, Artificial intelligence, Digital transformation, Digital economy, Euribor, Force majeure, Agribusiness, Merger control, Cybersecurity, Coronavirus, Personal protective equipment, Paycheck Protection Program, US Securities and Exchange Commission, European Commission, HM Revenue and Customs (UK), Small Business Administration (USA), Committee on Foreign Investment in the United States, European Free Trade Association, Bank of England, Leahy-Smith America Invents Act 2011 (USA), Families First Coronavirus Response Act 2020 (USA), CARES Act 2020 (USA)
    Location:
    Canada, China, European Union, Hungary, United Kingdom, USA
    Firm:
    Baker McKenzie
    Insolvency Bill will “seriously weaken” position of DB schemes and the PPF warn peers
    2020-06-17

    The detrimental impact of the Corporate Insolvency and Governance Bill on defined benefit (DB) pension schemes and the Pension Protection Fund (PPF) has been highlighted forcefully by peers in the first sitting of the Committee stage in the House of Lords, which took place yesterday. The leading statements made by peers, together with the Government’s response from Lord Callanan can be found below.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Fourth Amendment, Coronavirus, Carillion
    Authors:
    Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The High Burden to Satisfy the ‘Manifestly Contrary to Public Policy’ Standard of Chapter 15
    2020-12-15

    Ronit J Berkovich and Olga F Peshko, Weil, Gotshal & Manges LLP

    This is an extract from the 2021 edition of GRR's The Americas Restructuring Review. The whole publication is available here.

    In summary

    This chapter describes the exceptionally high burden parties must overcome to prove that requested relief in a Chapter 15 case is manifestly contrary to US public policy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Global Restructuring Review, Fourth Amendment
    Location:
    USA
    Firm:
    Global Restructuring Review

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