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    Acceleration Enforceable Under State Law Following Non-Monetary Control Covenant Default Prevents Reinstatement of Loan Under Chapter 11 Plan
    2023-01-31

    Chapter 11 debtors commonly use plans of reorganization to decelerate defaulted loans and reinstate the obligations according to their original terms as a means of locking in favorable terms in an unfavorable market. In order to do so, the Bankruptcy Code requires that the trustee or chapter 11 debtor-in-possession ("DIP") "cure" any defaults under the loan agreement, other than defaults related to a debtor's financial condition ("ipso facto provisions") or penalties payable due to the debtor's breach of certain non-monetary obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlord's Entitlement to Adequate Assurance of Future Performance
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. However, the Bankruptcy Code establishes strict requirements for the assumption or assignment of contracts and leases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Appeal of Unstayed Order Approving Bankruptcy Sale of Real Property Free and Clear of Lease and Related Settlement Agreement Dismissed as Moot
    2023-01-31

    To promote the finality of bankruptcy asset sales, section 363(m) of the Bankruptcy Code "moots" an appeal of an order approving a sale to a good-faith purchaser unless the party challenging the sale obtains a stay pending appeal. Courts, however, sometimes disagree over the scope of section 363(m) and whether it also bars appeals of orders approving transactions that are related to a sale, such as settlements.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Commercial tenant, Supreme Court of the United States
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day

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