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    New opportunities for secured lenders
    2009-12-04

    On September 23 2009 the Amsterdam District Court granted the holder of a pledge over the shares in the capital of Schoeller Arca Systems Services BV authorization for foreclosure on the pledge by way of a private sale. Foreclosure on a pledge over Dutch shares is rare. The decision introduces the possibility for a secured lender either to wipe out subordinated mezzanine debt or to implement a loan-to-own strategy.

     

    Facts

    In 2007 Schoeller Arca Systems, its parent and subsidiaries (known as the SAS Group) entered into:

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Share (finance), Shareholder, Debtor, Foreclosure, Default (finance), Secured loan, Trustee
    Authors:
    Teun Struycken
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-09-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Consent, Liquidation, Exclusive jurisdiction, Secured loan, Constitutional amendment, Insolvency Act 1986 (UK)
    Authors:
    Susan Moore
    Location:
    United Kingdom
    Firm:
    Dentons
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-07-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Liquidation, Voting, Exclusive jurisdiction, Secured loan, European Commission, Constitutional amendment, Insolvency Act 1986 (UK)
    Authors:
    Susan Moore
    Location:
    United Kingdom
    Firm:
    Dentons
    Settlement reached in first UK Pensions Regulator “Contribution Notice” case
    2011-06-14

    The UK Pensions Regulator (the Regulator) has just announced that it has reached a settlement with the intended target of its first Contribution Notice (CN), with the result that the CN has been issued, but for a far lower amount than the Regulator originally sought. This case gives important guidance on the situations in which the Regulator believes it will be justified in issuing a CN, and on the potential liabilities targets may face.

    The Moral Hazard Powers

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Letter of credit, Board of directors, Liability (financial accounting), Defined benefit pension plan, Parent company, Secured loan, The Pensions Regulator (UK), Pension Protection Fund, Chief executive officer, Trustee
    Authors:
    Catherine Drinnan
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Pre-appointment costs - to be paid or not to be paid? That is the question!
    2010-04-01

    NEW RULES ON PRE-ADMINISTRATION COSTS

    Insolvency Practitioners have been eagerly awaiting the implementation on 6 April 2010 of the Insolvency (Amendment) Rules 2010 (“New Rules”). In addition to the many modernising changes made by the New Rules is the long awaited inclusion of what was believed to be a statutory entitlement to recover pre-appointment costs such as in negotiating a pre-pack. as an expense of the administration (New Rule 2.67(1)(h)).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Option (finance), Precondition, Valuation (finance), Secured loan
    Authors:
    Tim Cooper , Susan Kelly , John Alderton , Stephen George , Cathryn Williams
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Weathering the storm - priority of collateral conflicts
    2010-03-17

    A new wrinkle in the Lehman Brothers bankruptcy cases emerged recently when a U.S. bankruptcy judge issued an opinion directly at odds with the decisions previously rendered by certain English courts regarding priority of payment provisions (the “Priority Provisions”) with respect to collateral under the “Dante Program.”

    The Dante Program

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Haynes and Boone LLP, Bond (finance), Bankruptcy, Collateral (finance), Interest, Swap (finance), Deed, Default (finance), Deed of trust (real estate), Lehman Brothers cases, Secured loan, Lehman Brothers, Trustee, Court of Appeal of England & Wales, High Court of Justice (England & Wales), United States bankruptcy court
    Location:
    United Kingdom, USA
    Firm:
    Haynes and Boone LLP
    OFT asks about bankruptcy and consumer credit
    2009-10-09

    OFT is monitoring the lending and broking of secured loans to consumers where the loan's purpose is to annul a recent bankruptcy. It is asking for comments by 30 October from any consumers who have taken this type of loan.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Bankruptcy, Credit (finance), Secured loan, Office of Fair Trading
    Authors:
    Ian Roberts , Matthew Hodgson
    Location:
    United Kingdom
    Firm:
    Dentons
    What does the IMO Car Wash court decision mean for creditors?
    2009-09-24

    In August 2009, an English court sanctioned the use of a scheme of arrangement to restructure the debt of IMO Car Wash Group, a highly leveraged UK based car wash company. This decision follows the similar use of schemes of arrangements in other restructurings. For example earlier this year an English court sanctioned the use of a scheme in the debt restructuring of McCarthy & Stone. In both of these restructurings, the subordinated creditors were left with no value for their debt claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Shareholder, Interest, Debt, Liability (financial accounting), Default (finance), Leverage (finance), Debt restructuring, Warrant (finance), Secured loan
    Authors:
    Timothy E. Peterson , Rob McBride , Askan Denstaedt , Jennifer Kafcas
    Location:
    United Kingdom
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    What does the IMO Car Wash court decision mean for creditors
    2009-09-24

    In August 2009, an English court sanctioned the use of a scheme of arrangement to restructure the debt of IMO Car Wash Group, a highly leveraged UK based car wash company. This decision follows the similar use of schemes of arrangements in other restructurings. For example earlier this year an English court sanctioned the use of a scheme in the debt restructuring of McCarthy & Stone. In both of these restructurings, the subordinated creditors were left with no value for their debt claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Shareholder, Interest, Debt, Liability (financial accounting), Default (finance), Leverage (finance), Debt restructuring, Warrant (finance), Secured loan, Companies Act 2006 (UK)
    Authors:
    Timothy E. Peterson , Rob McBride , Askan Denstaedt , Jennifer Kafcas
    Location:
    United Kingdom
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    IMO Car Wash: a washout for junior creditors?
    2009-08-26

    The English High Court has recently delivered judgment in the IMO Car Wash case (In the matter of Bluebrook Ltd and others [2009] EWHC 2114 (Ch)), in which the High Court considered whether to sanction three related schemes of arrangement for restructuring indebtedness proposed by the IMO Car Wash group to the senior lenders of the relevant group companies.  

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Public company, Board of directors, Interest, Debt, Economy, Balance sheet, Cashflow, Default (finance), Valuation (finance), Discounted cash flow, Secured loan, International Maritime Organization, High Court of Justice (England & Wales)
    Authors:
    Claire E. Scott-Priestley
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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