Corporate Restructuring, Debt, Debtors

The Impact of the Serta and Mitel Decisions: What Comes Next

Orrick, Herrington & Sutcliffe LLP on 2/7/2025

The Fifth Circuit struck down Serta Simmons’ 2020 uptier transaction, while the New York Appellate Division upheld a similar transaction in a case involving Mitel Networks, exposing key differences in how courts interpret...more

Double-Dip Financings: The Next Wave in European Liability Management?

Jones Day on 11/27/2023

A “double-dip” structure is considered a way to allow some creditors to have multiple claims against key obligors arising out of the same underlying transactions. These additional claims could improve their position relative...more

Locality of a Debt

Conyers on 10/9/2023

For businesses that are family-owned and run in jurisdictions such as Hong Kong, Mainland China and Taiwan, it is common for beneficial ownership and control of the business enterprise to be vested in the shareholders of a...more

Avoid the B-word! In Times of Financial Stress, Being Proactive Ensures You Have Options

Ankura on 9/11/2023

“How did you go bankrupt? “Two ways. Gradually, then suddenly.” - Ernest Hemingway, The Sun Also Rises Whether from internal or external factors, every company at some point will experience financial stress. The key to...more

Cayman Islands Restructuring: Getting Oriented With the New Regime – Part II

Conyers on 1/12/2023

On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more

Cayman Islands Restructuring: Getting Oriente-d With the New Regime

Conyers on 12/9/2022