Restructuring options and processes

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[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Perfecting securityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
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This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
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[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May

Most recent Restructuring options and processes content

Practice notes
Schemes of arrangement—key casesThis Practice Note sets out certain key cases and associated relevant content in relation to schemes of arrangement....
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17th Sep
Practice notes
Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...
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17th Sep
Practice notes
Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...
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16th Sep
Practice notes
Corporate Insolvency and Governance Act 2020—frequently asked questions (FAQs) on the restructuring planThe Corporate Insolvency and Governance Act...
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14th Sep
Practice notes
Corporate Insolvency and Governance Act 2020 moratorium and restrictions on ipso facto clauses—financial services exemptions mapThis Practice Note...
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13th Sep
Practice notes
What happens to a pension scheme on a company’s insolvency?This Practice Note considers the effect of a company’s insolvency on an occupational...
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Produced in partnership with Thomas Robinson of Wilberforce Chambers 3rd Sep
Practice notes
Establishing jurisdiction and sufficient connection for schemes of arrangementThis Practice Note should be read in conjunction with Practice Note:...
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 18th Aug
Practice notes
Codere scheme—deal debrief [ARCHIVED]This Practice Note is now archived and no longer maintained.In December 2015, Newey J sanctioned a scheme of...
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Produced in partnership with Iain White of Clifford Chance LLP 18th Aug
Practice notes
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
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18th Aug
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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18th Aug
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 2: Changes to company voluntary arrangements (CVAs) [Archived]This Practice Note has been archived...
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Produced in partnership with Emma Knight of Three Stone 18th Aug
Practice notes
Corporate Insolvency and Governance Act 2020—the pensions implicationsKey provisions of the ActOn 25 June 2020, after less than 40 days in Parliament,...
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15th Aug
Practice notes
Restructuring—initial stepsStop pressThis content is affected by the proposed changes to UK insolvency laws as a result of the coronavirus (COVID-19)...
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10th Aug
Practice notes
Benefits of informal restructuring over formal proceedingsEntry conditionsFor informal restructuring to be an option (as opposed to a restructuring...
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10th Aug
Practice notes
Restructuring optionsThere are many options for restructuring a company's debt. The most appropriate method depends upon the degree of the company's...
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10th Aug
Q&As
Is it possible for a party to grant a charge over potential, future damages the party may receive from a court action they are involved in?As a...
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31st Jul
Practice notes
Schemes and forum shoppingIP completion dayAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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31st Jul
Practice notes
Valuation issues in schemes of arrangementWhat is valuation in the context of a scheme of arrangement?In general, a valuation in the context of a...
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 31st Jul

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