Restructuring Plans, Creditor Schemes, and other Restructuring Tools
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 22 March 2022
- ISBN 9780198844747
- Binding Hardback
- No. of pages768 pages
- Size 253x179x46 mm
- Weight 1452 g
- Language English 197
Categories
Short description:
This timely new work provides the most comprehensive coverage of debt restructuring tools available in the UK, including analysis of the new restructuring plan under Part 26A of the Companies Act 2006 and emerging themes from related precedent case law.
MoreLong description:
This timely new work provides the most comprehensive coverage of debt restructuring tools available in the UK including analysis of the new restructuring plan under Part 26A of the Companies Act 2006 and emerging themes from related precedent case law. The book is the first of its kind to provide a comprehensive analysis of the new restructuring plan.
Part A explains the law and practical application of the main types of creditor schemes of arrangement and restructuring plans in the UK. It analyses the tools available to market participants and other key stakeholders by reference to the capital structures most commonly seen in middle market and top tier European financings.
Part B provides a comparative analysis between company voluntary arrangements (including recent case law) and schemes and restructuring plans to enhance the reader's understanding of the implications of the various tools available. Part C covers administration and receivership sales and appropriations under the Financial Collateral Arrangements Regulations for private and public companies, written from the perspective of a practitioner with practical issues in mind. The primary subject matters of the book are complemented by chapters analysing the ?distressed disposals? regime in the Loan Market Association form of Intercreditor Agreement, liability management transactions under high yields nots/bonds, and scheme/restructuring plan-related pensions issues.
This work is essential reading for all insolvency and debt finance lawyers advising on financial restructurings in the UK and Ireland. It provides practitioners involved in ?new money? lending with a greater understanding of the consequences that transaction structuring and commonly negotiated features (e.g, debt incurrence regimes and other covenants, controls, and carve-outs) may have in a workout scenario.
The detailed analysis and long extracts from key judgments make this book an invaluable tool for any corporate insolvency or restructuring practitioner looking for judicial and practical guidance on the functioning of the new procedures.
Table of Contents:
A. Creditor Schemes of Arrangement, Restructuring Plans and Irish Schemes of Arrangement
Introduction and Outline of Process
Jurisdiction and the Types of Companies that May Propose Creditor Schemes of Arrangement, Restructuring Plans, and Irish Schemes of Arrangement
Meaning of Key Legal Terms and Concepts, Restructuring Plans, and Irish Schemes of Arrangement
Meaning of Key Legal Terms Applicable Only to Restructuring Plans
Court Hearings, Creditor Meetings and Disclosure Requirements
Major Types of Creditor Schemes
Practice and Procedure
Tax Considerations for Creditor Schemes
B. Company Voluntary Arrangements Compared with Schemes and Restructuring Plans
Company Voluntary Arrangements Compared with Schemes and Restructuring Plans
C. Administration, Receivership Sales, and Appropriations under the Financial Collateral Arrangements Regulations for Private and Public Companies
Introduction
Administration
Receivership Sales
The Appropriation Remedy under the Financial Collateral Arrangements Regulations
D. The Loan Market Association Form of Intercreditor Agreement Distressed Disposals Regime
The Loan Market Association Form of Intercreditor Agreement Distressed Disposals Regime
E. Liability Management Transactions
Liability Management Transactions
F. Pensions
Pensions
G. Practical Aspects of Restructuring Documentation, Including Lockup Agreements
Practical Aspects of Restructuring Documentation, Including Lockup Agreements
