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New York’s Proposed “Sovereign Debt Stability Act”: An Overview

Since 2021, the New York Legislature has considered a number of draft bills aimed at facilitating sovereign debt restructurings and helping distressed sovereign debtors obtain the debt relief they require. While the draft...more

Climate Resilience as a Proposed New Feature of Sovereign Debt Instruments

Climate factors' impact on a debtor's ability to honor its obligations has been recognized for over 4,000 years. It was the Code of Hammurabi in Mesopotamia that first mandated a deferral of principal repayment and...more

Legitimate coercion or unlawful abuse? Assénagon and the power to bind the minority in liability management exercises revisited

Since the decision in Assénagon in 2012, there has been some doubt as to how much coercion can be applied in a consent solicitation that includes an "exit consent" and whether consents that seek to force detrimental economic...more

Emerging Markets/Cross-Over High Yield: What Next?

Standing at the intersection of the Eurobond and high yield markets, so-called "Cross-Over" emerging market deals were more popular than ever in 2021. These deals were not necessarily like the deals that had come before—deals...more

Africa Focus: Autumn 2020 - Sovereign debt relief proposals

Economic and fiscal challenges of implementing debt relief in Africa - While the COVID-19 pandemic continues to pose unprecedented challenges to countries worldwide, the impact is even more critical on developing countries...more

Australian foreign investment approval measures in response to COVID-19 and other recent Australian foreign investment approval...

In late March, the Treasurer of Australia announced temporary changes to Australia's foreign investment review framework in response to the COVID-19 crisis. The new measures lowered the monetary screening thresholds for...more

Bond Repurchases – an Issuer's Guide to Questions to Ask and Points to Consider (March 2020 Update)

The White & Case Capital Markets team updates its March 2018 publication on bond repurchases given the current environment where issuers may consider whether, if their bonds are trading at a discount to par, they should...more

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