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Insolvency Debt Financing

Latham & Watkins LLP

Restructuring Plans and the Price of Dissent

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Despite three recent landmark UK restructuring plan decisions, uncertainty remains around the value, if any, a plan company should offer dissenting creditors as the “deliverability price” of a plan....more

A&O Shearman

UK Jurisdiction Taskforce Publishes Consultation on Digital Assets and Insolvency Law

A&O Shearman on

The U.K. Jurisdiction Taskforce has published a consultation relating to its proposed Legal Statement offering guidance on the application of English insolvency law principles to digital assets. The proposed Legal Statement...more

A&O Shearman

Gas Market Insolvencies in Great Britain: Legal, Regulatory and Insolvency Issues

A&O Shearman on

Over the past decade there has been an influx of small- and medium-sized entrants to the U.K. gas supplier market, which is supervised by Great Britain’s independent energy regulator, the Office of Gas and Electricity Markets...more

Burns & Levinson LLP

Sixth Annual Burns & Levinson Cannabis Industry Conference: Weathering the Storm: Restructurings, Workouts and Distressed M&A

Burns & Levinson LLP on

On October 17th Burns and Levinson hosted its Sixth Annual Cannabis Industry Conference. Our very own Scott Moskol sat down with the following experts to discuss the current state of the national cannabis market and diagnose...more

Katten Muchin Rosenman LLP

UK Supreme Court Confirms Creditor Duty in Zone of Insolvency: BTI v Sequana

Key Points - - The UK Supreme Court has affirmed directors' duty to consider creditors' interests. - The timing for the duty to be engaged is pushed back to when a company is bordering on insolvency. - Once the...more

A&O Shearman

Directors’ Duties in an Insolvency Context: Where Creditor and Shareholder Interests Collide

A&O Shearman on

UK Supreme Court gives important judgment on directors’ “creditor duty” The UK Supreme Court in BTI 2014 LLC v Sequana SA and ors [2022] UKSC 25 has given an important judgment clarifying the nature of the so-called “creditor...more

Katten Muchin Rosenman LLP

Guidance for Insolvency Practitioners: Financial Conduct Authority's Update on Regulated Firm Restructurings and Insolvencies

On Thursday, 22 September 2022, the UK Financial Conduct Authority (FCA) held a webinar and Q&A session aimed at clarifying the FCA's expectations of office holders, lawyers and consultants navigating insolvencies and...more

Katten Muchin Rosenman LLP

Debtors Must Continue to Consider English Restructuring Processes to Secure a Global Solution

Key Point The - UK government's proposals to only partially implement a new UNCITRAL Model Law means that creditors of English law debts who do not consent to a foreign restructuring proceeding will still have recourse to...more

White & Case LLP

Pre-pack rules repackaged

White & Case LLP on

Pre-packaged administration sales (where a sale of key assets is agreed prior to the appointment of administrators and then implemented by the administrators immediately following their appointment), have been a widely-used...more

King & Spalding

Analysis of Primary HPP Construction Risks

King & Spalding on

This client alert analyses the primary Employer risks, arising out of the construction of major hydropower projects in emerging market countries, funded by equity contributions and senior-secured, limited-recourse, project...more

Latham & Watkins LLP

The Italian Insolvency Code: New Rules on ‘Debtor-in-Possession’ Financing

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The Insolvency Code contains a “debtor-in-possession” financing regulation that reforms the legal framework outlined in the Bankruptcy Law in force until August 2020. Key Points: ..The newly enacted Insolvency Code...more

Buchalter

Technology Law Newsletter

Buchalter on

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand...more

Latham & Watkins LLP

Private equity in Italy: market and regulatory overview

Latham & Watkins LLP on

How do private equity funds typically obtain their funding? Private equity funds continued to have a diverse investor base in 2015. Although with a significant decrease from the 2014 figure of 68%, about 48% of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Health Care Sector Creates Challenges for Distressed Providers, Opportunities for Others"

In 2014, the health care industry continued to see a high level of M&A activity, with announced transactions approaching $440 billion globally by the end of November. In the United States, consolidation continues to occur in...more

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