Schemes Of Arrangement In Corporate Restructuring

Chapter 11 - The Two Court Hearings and Managing Meetings by Malcolm Oakes SC, was cited in the matter of Centro Properties Limited and CPT Manager Limited in its capacity as responsible entity of Centro Property Trust [2011] NSWSC 1465Schemes of Arrangement is a practical examination of the legal and commercial aspects of schemes of arrangement, for corporate restructuring in mergers and acquisitions and insolvency scenarios. All aspects of the scheme of arrangement are covered.In the mergers and acquisitions context, practical issues covered include the preparation of scheme documentation, the determination of classes, requirements for first and second court hearings, practical observance of s.411(17), valuations, and matters arising from the Corporations and Markets Advisory Committee's report from December 2009.In the insolvency setting, there is discussion of matters arising from the recent insolvencies of Sons of Gwalia, Opes Prime, Lehman Brothers and Lift Capital.Schemes of Arrangement includes a list summarising all schemes of arrangement in Australia between 2004 and 2010, referring to the court approval decisions from each hearing. A check list for a scheme of arrangement in a mergers and acquisitions context is also included.All royalties from this work are being directed towards the Indigenous Legal Scholarship program at the University of Western Australia, Law School.

Examines schemes of arrangement, which are an invaluable tool for companies in restructuring their capital.

The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.

"Should you choose a formal insolvency or would a restructuring be more appropriate for a company's final steps? Insolvency and Restructuring Manual (4th Ed) guides you through the considerations and steps in each avenue, examining the main formal processes including liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The new Fourth Edition covers: - The new Part 26A scheme of arrangement (or "restructuring plan"), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020 - The forthcoming regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in Sequana S.A. v BAT Industries Plc and others clarifying, among other things, when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit, their impact on cross-border matters and other important developments in case law relating to cross-border matters - The provisions of the Finance Act 2020 which restored the status of HMRC as a preferential creditor - The use of special managers in complex compulsory liquidations as seen, for example, in the cases of Carillion , British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its possible impact on the restructuring landscape - The protocol on, and use of, 'rescue administration' Ease-of-reading is provided by bullet-pointed and highlighted text, flowcharts and tables. Insolvency and Restructuring Manual is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable first introduction to the subject."--

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. This product includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad, or iPhone for quick and easy access wherever you are.