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Featured Restructuring & Insolvency content

Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 9th Nov
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 9th Nov
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent Restructuring tools content

Practice notes
This Practice Note covers:•debt rescheduling—extending the amortisation/repayment schedule of the debt to allow the company to survive temporary...
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30th Nov
Practice notes
This Practice Note is about the tax implications of liquidation demergers, also known as section 110 demergers, after section 110 of the Insolvency...
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29th Nov
Q&As
The capital gains degrouping charge analysis on a liquidation demerger will depend on precisely how that transaction is structured.Depending on the...
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29th Nov
Q&As
Since UK stamp duty applies to instruments of transfer (such as stock transfer forms) relating to stock or marketable securities (paragraph 1,...
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29th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
Read More >
29th Nov
Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
Read More >
29th Nov
Practice notes
A popular restructuring method is to transfer the company's assets or business to a newly formed company (Newco). Essentially the good assets and...
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29th Nov
Practice notes
General overview of asset salesWhether a buyer is purchasing assets from a solvent seller, or a seller which is distressed or in a formal insolvency...
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Produced in partnership with Tim Carter of Stevens & Bolton LLP 29th Nov
Practice notes
Need for new moneyThe starting point for many companies facing financial difficulty is to look to obtain additional cash to fund the business through...
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29th Nov
Practice notes
Brexit impact—cross-border insolvency (Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146)As of exit day (31 January 2020) the UK is no...
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29th Nov
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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29th Nov
Practice notes
When restructuring is being considered, the company must ensure that relevant creditors quickly enter into a confidentiality agreement or...
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29th Nov
Practice notes
The term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a variety of ways....
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Produced in partnership with Alice Morgan of Sidley Austin LLP 29th Nov
Practice notes
Once a company starts showing signs of distress, its directors must act quickly if they want to complete a successful restructuring. The timing of the...
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29th Nov
Practice notes
This Practice Note covers: •what arrangements under Insolvency Act 1986 (IA 1986), s 110 (a s 110 arrangement) is (see: What is a s 110...
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Produced in partnership with Phillip Taylor of Sidley Austin LLP and Chris Laughton of Mercer & Hole Chartered Accountants 29th Nov
Practice notes
It's important to consider the underlying finance documents to determine the requisite majorities of creditors which can block certain actions...
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29th Nov
Practice notes
This Practice Note summarises:•the different forms of share security•the main enforcement options open to security takers•practical considerations for...
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Produced in partnership with Jonathan Akinluyi and Riccardo Alonzi of Skadden Arps Slate Meagher & Flom (UK) LLP 29th Nov
Precedents
This Agreement is made on [insert day and month] 20[insert year]Parties1The Consenting Lenders (listed in Schedule 1);2[The Consenting Bondholders...
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29th Nov
Precedents
This Agreement is made on [insert day and month] 20[insert year]Parties1The Lenders (as set out in Schedule 1) (the Lenders); and2[insert name of...
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29th Nov
Precedents
This Agreement is made [insert day and month] 20[insert year]Parties1[insert name of debtor company] a company incorporated in [insert country eg...
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29th Nov

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