No loss to issuers puts note trustees in the spotlight.
The Hong Kong Court of Final Appeal (CFA) has overturned the Court of Appeal’s order that Peking University Founder Group Company Limited (PUFG), as the keepwell...more
4/30/2025
/ Appeals ,
Breach of Contract ,
Business Entities ,
Capital Markets ,
Contract Terms ,
Corporate Bonds ,
Corporate Governance ,
Corporate Issuers ,
Deeds ,
Financial Institutions ,
Hong Kong ,
Offshore Companies ,
Securities ,
Subsidiaries ,
Trustees
The evolution of the English RP continues to push the jurisdictional envelope.
The English court’s sanction of the Sino-Ocean restructuring plan (RP) marks an interesting development in the evolution of the English RP....more
2/14/2025
/ Bankruptcy Court ,
Corporate Governance ,
Corporate Restructuring ,
Cramdown ,
Creditors ,
Debt Restructuring ,
Debtors ,
Forum Shopping ,
Hong Kong ,
Insolvency ,
Pari Passu ,
Regulatory Requirements ,
Restructuring ,
Shareholders ,
State-Owned Enterprises ,
UK ,
UK Insolvency Act
A recent ruling by the Hong Kong Court of Appeal has strengthened the robustness of keepwell deeds as enforceable English law governed obligations.
The Hong Kong Court of Appeal has unanimously upheld the appeals of the...more
Two recent landmark decisions provide valuable guidance on this commonly used form of credit enhancement.
Keepwell deeds have in recent years grown into a common form of credit enhancement used by companies in mainland...more
7/6/2023
/ Bonds ,
China ,
Debt Instruments ,
Debt Restructuring ,
Enforceability ,
Exclusive Jurisdiction ,
Financial Instruments ,
Hong Kong ,
Liquidation ,
Popular ,
Subsidiaries
Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone.
A recent first instance decision in Hong Kong has relied upon the so-called rule in Gibbs...more