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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Restructuring Plans, Creditor Schemes, and other Restructuring Tools (Book & Digital Pack)

Edited by: Geoff O'Dea

ISBN13: 9780192845764
Published: March 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback (with Digital, Pack)
Price: £290.00



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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.

Subjects:
Insolvency Law, Company Law
Contents:
A. Creditor Schemes of Arrangement, Restructuring Plans and Irish Schemes of Arrangement
1:Introduction and Outline of Process
Geoff O'Dea
2:Jurisdiction and the Types of Companies that May Propose Creditor Schemes of Arrangement, Restructuring Plans, and Irish Schemes of Arrangement
Geoff O'Dea
3:Meaning of Key Legal Terms and Concepts, Restructuring Plans, and Irish Schemes of Arrangement
Geoff O'Dea
4:Meaning of Key Legal Terms Applicable Only to Restructuring Plans
Geoff O'Dea
5:Court Hearings, Creditor Meetings and Disclosure Requirements
Geoff O'Dea
6:Major Types of Creditor Schemes
Geoff O'Dea
7:Practice and Procedure
Geoff O'Dea
8:Tax Considerations for Creditor Schemes
David Irvine
B. Company Voluntary Arrangements Compared with Schemes and Restructuring Plans
9:Company Voluntary Arrangements Compared with Schemes and Restructuring Plans
Geoff O'Dea
C. Administration, Receivership Sales, and Appropriations under the Financial Collateral Arrangements Regulations for Private and Public Companies
10:Introduction
Geoff O'Dea & Aimee Saunders
11:Administration
Geoff O'Dea & Aimee Saunders
12:Receivership Sales
Geoff O'Dea & Aimee Saunders
13:The Appropriation Remedy under the Financial Collateral Arrangements Regulations
Geoff O'Dea & Aimee Saunders
D. The Loan Market Association Form of Intercreditor Agreement Distressed Disposals Regime
14:The Loan Market Association Form of Intercreditor Agreement Distressed Disposals Regime
Geoff O'Dea & Aimee Saunders
E. Liability Management Transactions
15:Liability Management Transactions
Geoff O'Dea & Haden Henderson
F. Pensions
16:Pensions, Geoff O'Dea & Oonagh Steel
G. Practical Aspects of Restructuring Documentation, Including Lockup Agreements
17:Practical Aspects of Restructuring Documentation, Including Lockup Agreements
Geoff O'Dea