Global Insight: News, Views and Analysis from DLA Piper’s Global Restructuring Group - Issue 10, Q2 2014

In This Issue:

- WHAT DOES THE DELAWARE CHANCERY COURT’S RURAL/METRO RULING MEAN FOR ADVISORS TO DISTRESSED COMPANIES?

- US: OUTLOOK FOR CORPORATE RESTRUCTURING

- RABOBANK DECISION — SPECIAL DUTY OF CARE

- WHY GLOBAL INVESTORS PREFER AUSTRALIAN REAL ESTATE

- COMMERCIAL RENT ARREARS RECOVERY: AN INSOLVENCY PRACTITIONER’S PERSPECTIVE

- INSOLVENCY IN THE UK FASHION RETAIL SECTOR – RISKS AND OPPORTUNITIES

- THE GAME CHANGER – HIGH COURT JUDGMENT ON RENT PAYMENTS UPON ADMINISTRATION

- APCOA: FOREIGN COMPANIES INCREASINGLY USING ENGLISH SCHEMES OF ARRANGEMENT

- WINDS OF CHANGE?

- GLOBAL RESTRUCTURING GROUP NEWS ROUNDUP

- Excerpt from APCOA: FOREIGN COMPANIES INCREASINGLY USING ENGLISH SCHEMES OF ARRANGEMENT:

With APCOA Parking, the English High Court sets out the latest line of authority in the increasing use of schemes of arrangement by foreign companies.

This case, APCOA Parking (UK) Limited & Ors [2014] EWHC 997 (Ch), presents two novel aspects:

- First, the acceptance by the court that a change of the governing law and jurisdiction clause in the financing documentation from German to English law, in contemplation of a foreign company pursuing a scheme in the English courts, can still provide sufficient connection to enable the Court to invoke its jurisdiction and

- Second, that creditors with different priority rankings could vote together in the same class.

Please see full publication below for more information.

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Topics:  Australia, Commercial Leases, Creditors, Duty of Care, Foreign Corporations, Insolvency, Rabobank, Real Estate Investments, Restructuring, Retailers

Published In: Bankruptcy Updates, Civil Procedure Updates, General Business Updates, International Trade Updates, Commercial Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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