Restructuring & Insolvency
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Article
Submitted: 20 May 2013
The decision of the Court of Appeal in National Merchant Buying Society Limited v Andrew Bellamy and Stephen Mallett [2013] EWCA Civ 452 (02 May 2013) provides an important reminder of a fundamental legal difference between “single transaction” and “all obligations” guarantees and of the practical implications which flow from it for both lenders and guarantors.
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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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Seminar
Submitted: 01 May 2013
This session formed part of our Construction Breakfast Briefings Spring 2013 Programme, held in our London office on 24 April 2013. This briefing provided some insights into how you can secure your best position even with an insolvency amongst your construction team and highlights what you have to do in a claims situation.
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Video Podcast
Submitted: 01 May 2013
Simmons & Simmons partner Alan Gar and associate Mieke Botes discuss how you can secure your best position even with an insolvency amongst your construction team.
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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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Video Podcast
Submitted: 24 April 2013
Simmons & Simmons partner Regina Rath talks to colleague Paul Goodman about claw back actions against financial institutions in Germany.
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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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