Restructuring & Insolvency
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Article
Submitted: 15 May 2013
Where a bank is a company incorporated outside the EU but operates in the UK through a London branch, is it possible to obtain a winding up order in England and Wales against the London Branch after the Bank becomes subject to insolvency proceedings in its country of incorporation?
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Article
Submitted: 09 May 2013
A recent Court of Appeal decision has upheld the payment of consent solicitation fees to bondholders in return for voting in favour of certain amendments to the terms of the bonds.
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Article
Submitted: 01 May 2013
The decision of the High Court in Grupo Hotelero Urvasco S.A. v Carey Value Added S.L. [2013] EWHC 1039 (Comm) (26 April 2013) provides guidance on the judicial interpretation of those clauses which enable a lender to call a default under a facility agreement as the result of the occurrence of a “material adverse change” (MAC) affecting the borrower.
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Article
Submitted: 25 April 2013
Any contractual arrangement which ties the repayment of a debt to the profit of a debtor may, upon insolvency, be subordinated to the repayment of all other creditors.
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Article
Submitted: 18 April 2013
An article on the financial collateral arrangements, taking into account the November 2012 decision in the Lehman case.
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Article
Submitted: 18 March 2013
An update to our article dated 13 February 2013 entitled All Change for Charges.
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Article
Submitted: 13 February 2013
A summary of the changes which will come into effect on 06 April 2013 in relation to registration of charges created by companies incorporated in England & Wales.
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Article
Last Reviewed: 04 February 2013 / Submitted: 01 February 2013
SNS shareholders and holders of subordinated debt are expropriated with an expected offer for nil compensation.
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Article
Submitted: 04 December 2012
The Loan Markets Association (LMA) has published on its website a revised form of its Guidelines on Transparency and the Use of Information.
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Article
Submitted: 03 December 2012
The LMA has published on its website its proposed form of wording to deal with the potential impact of the US Foreign Account Tax Compliance Act (FATCA) on trades in the secondary loan market.
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