The global M&A market has remained strong from the end of 2017 into 2018, with the total deals announced in the first half of 2018 making it the best period for global M&A yet. With stockholders pressuring larger companies to grow their revenues and the strong liquidity position of many companies, it is a sellers’ market.
Mining the wreckage
This article was first published on the Financial Times website on 10 September 2018.
It was the biggest bankruptcy in history – ten times bigger than Enron – and the tipping point into a global recession.
But what really happened on the ground during those fateful days, as the myth of certain banks being ‘too-big-to-fail’ exploded on a global scale?
It was a huge historical event, yet one with a distinctly human face.
Today’s business environment is truly global but in local markets, specific regulation, legislation, politics, demographics and culture have a material impact on how restructurings and insolvencies play out. Long thought of as one of the world’s leading restructuring hubs, the UK’s dominance is increasingly being challenged by other countries in the global restructuring market.
Singapore’s new (the Omnibus Bill) was passed by parliament on 1 October 2018 and is expected to come into force later this year or in early 2019.
The Omnibus Bill, which was introduced to parliament on 10 September 2018, consolidates Singapore's corporate and personal insolvency and restructuring laws into a single enactment. It also generally updates the insolvency legislation and introduces a significant number of new provisions, particularly in respect of corporate insolvency.
Summary
EBITDA first rose to prominence in the US leveraged buy-out craze of the 1980s and has since formed the key metric of leveraged finance transactions across the world. In this article, we focus on its evolution in the European loans market, and explore how financial covenant and certain other protections in loan documentation have been eroded in recent years as a result of those changes.
This article first appeared in the November edition of Butterworths Journal of International Banking and Financial Law.
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Cross-border insolvency
Recognition of foreign proceedings
Under what circumstances will the courts in your jurisdiction recognise the validity of foreign insolvency proceedings?
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Position of creditors
Forms of security
What are the main forms of security over moveable and immoveable property and how are they given legal effect?
Pledge
Following the collapse of Monarch and Air Berlin last year, the International Air Transport Association ("IATA") has suggested that bankruptcy laws should be reviewed globally in order to allow a “reasonable timeframe” for airlines to continue operating after entering insolvency to allow more passengers to complete their journeys.
FEB 28, 2018 ISSUE 8/2018 FINANCIAL REGULATORY DEVELOPMENTS FOCUS Proxima Nova A ExCn 35pt In this week’s newsletter, we provide a snapshot of the principal U.S., European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset managers and corporates. Click here if you wish to access our Financial Regulatory Developments website. IN THIS ISSUE Bank Prudential Regulation & Regulatory Capital ..............................................................................................