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    Commission approves Alitalia asset sale
    2008-11-14

    The European Commission has approved the plan by the Italian authorities to sell the assets of the airline Alitalia, which had entered into financial difficulties, under a special insolvency procedure. The Commission concluded that the sale of the assets would not constitute a subsidy prohibited under EU State aid rules provided the assets are sold at market value and other conditions have been satisfied. An independent trustee has been appointed to oversee the sale by the administrator assigned under the special insolvency procedure.

    Filed under:
    European Union, Italy, Aviation, Insolvency & Restructuring, McDermott Will & Emery, Liquidation, Subsidy, State aid, Market value, European Commission, Trustee
    Location:
    European Union, Italy
    Firm:
    McDermott Will & Emery
    Restructuring privilege for the use of tax loss carry forwards for corporations incompatible with EU law
    2011-02-02

    The EU Decision

    The EU Commission has held on January 26, 2011 that the so called restructuring privilege offered by German corporate tax law, which allows corporations in a distressed financial situation to continue to set off tax loss carry forwards against future profits even if their shareholder structure has substantially changed, is incompatible with EU State Aid provisions.

    The recipients, which have applied the restructuring privilege, are now threatened with the reclaim of the tax benefits.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Trade & Customs, Mayer Brown, Share (finance), Wage, Shareholder, Market liquidity, Ex post facto law, Debt, Subsidy, State aid, Pro rata, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Authors:
    Dr. Petra Eckl , Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Private Equity & COVID-19
    2020-04-06

    As the outbreak of COVID-19 continues to develop, unprecedented issues are affecting the private equity industry. We have identified certain challenges both on a fund and portfolio company level, and measures that will be implemented by the Dutch government that can help you and your portfolio companies to survive the COVID-19 crisis.

    Would you like to view the most important topics, measures and tips we have selected and our dedicated private equity team? Read the pdf-file below.

    Filed under:
    Netherlands, Company & Commercial, Compliance Management, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Tax, Loyens & Loeff, Private equity, EBITDA, Subsidy, Portfolio (finance), Directors' duties, Coronavirus
    Location:
    Netherlands
    Firm:
    Loyens & Loeff
    Pension Benefit Guaranty Corporation issues final rule on termination dates for pension plans of bankrupt sponsors
    2011-06-28

    On June 14, 2011, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations that apply to single-employer pension plans maintained by employers in bankruptcy. These regulations implement a change made by the Pension Protection Act of 2006 (PPA). The change affects the amount of benefits payable by the PBGC to participants.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, McDermott Will & Emery, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Retirement, Liability (financial accounting), Subsidy, Disability, Sponsor (commercial), Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA)
    Authors:
    Alan D. Nesburg
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Defined benefit plan sponsors in bankruptcy have new flexibility to modify plan distributions
    2013-02-06

    Tax-qualification requirements generally prohibit plan sponsors from eliminating optional methods of distribution under a retirement plan. This “anti-cutback” requirement is subject to only a limited number of exceptions. A recent modification to this rule adds a new exception for single-employer defined benefit plans maintained by employers in bankruptcy. Such employers may amend their plans to eliminate lump-sum distribution options if certain conditions are met.

    The Anti-Cutback Rule

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, McGuireWoods LLP, Bankruptcy, Retirement, Subsidy, Defined benefit pension plan, Pension Benefit Guaranty Corporation
    Authors:
    Jeffrey R. Capwell , Larry R. Goldstein
    Location:
    USA
    Firm:
    McGuireWoods LLP
    IRS issues final regulations amending the prohibited payment option under single-employer defined benefit plan of plan sponsor in bankruptcy
    2012-12-17

    The IRS issued final regulations providing a limited exception to the anti-cutback rules under Code section 411(d)(6) for a plan sponsor that is a debtor in a bankruptcy proceeding. The anti-cutback rules generally prohibit amendments to qualified retirement plans that reduce or eliminate accrued benefits, early retirement benefits, retirement-type subsidies or optional forms of benefits.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Reinhart Boerner Van Deuren SC, Debtor, Retirement, Subsidy, Defined benefit pension plan, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Functions of the health care exchanges for 2014
    2012-02-14

    For employers to understand the big picture, our earlier posts described the government subsidies, individual

    Filed under:
    USA, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Faegre Baker Daniels LLP, Subsidy
    Authors:
    Maureen M. Maly , Megan E. Hladilek
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    PBGC finalizes rules for bankruptcy termination date
    2011-08-30

    Under the Pension Protection Act of 2006, the Employee Retirement Income Security Act of 1974 (ERISA) was amended to provide that the date a plan sponsor files a bankruptcy petition will be treated as the termination date when a defined benefit plan is terminated in bankruptcy.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Hodgson Russ LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Retirement, Subsidy, Defined benefit pension plan, Disability benefits, Federal Reserve (USA), Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA), Title IV of the US Code
    Location:
    USA
    Firm:
    Hodgson Russ LLP
    Evergreen Solar files bankruptcy in Delaware
    2011-08-22

    On August 15, 2011, Evergreen Solar ("Evergreen"), filed chapter 11 petitions for Bankruptcy in the United States Bankruptcy Court for the District of Delaware.  According to the Declaration of Evergreen's CEO, Michael El-Hillow (the "Declaration" or "Decl."), filed in support of its bankruptcy petitions, Evergreen incorporated in Delaware in 1994 and manufactures "multi-cystalline silicon wafers."  The company uses its silicon wafers in the production of photovoltaic solar cells, which in turn are installed in solar panels under the Evergreen trade name.  Decl. at 3.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Wage, Solar energy, Bankruptcy, Limited liability partnership, Subsidy, Delaware General Corporation Law, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    PBGC issues final PPA regulation on terminating plans in bankruptcy
    2011-08-18

    On June 13, the Pension Benefit Guaranty Corporation ("PBGC") released a final rule that, in most cases, will reduce the amount of pension benefits guaranteed under the agency's single-employer insurance program when a pension plan is terminated in a bankruptcy case. The rule will also decrease the amount of pension benefits given priority in bankruptcy.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Retirement, Vesting, Subsidy, Disability, Sponsor (commercial), Disability benefits, Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA), Title IV of the US Code
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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