Mergers & Acquisitions

Law and Practice of Restructuring in the UK and US, 2nd Edition

Edited by Chris Mallon · Shai Waisman
Oxford University Press March 2017

Specifications

ISBN-13
9780198755395
Publisher
Oxford University Press
Publication
March 2017
Format
Hardback
Jurisdiction
U.K., U.S. ? Countri(es) for reference only

Details

This second edition provides updated and practical analysis of restructuring under English and New York Law. Since the publication of the previous edition, certain areas of restructuring law have received particular attention.

Waivers, amendments, and standstills, and in particular "snooze and lose" and "yank the bank" provisions have continued to develop in the last five years as well as other refinements from the US which are being increasingly used in Europe.

The mechanisms for giving effect to debt compromise arrangements, either through Schemes of Arrangement or Chapter 11 pre-packs, have also developed significantly on recent years. There has been a great deal of debate surrounding restructuring and insolvency law in Europe following the recast EC Regulation on Insolvency Proceedings and further developments in various European jurisdictions.

The second edition has been thoroughly updated to cover these, and all other major developments in the field to provide a complete and up-to-date guide to restructuring on both sides of the Atlantic. This work provides detailed analysis of areas associated with company restructures including tax and shareholder claims, employee and trade union matters, and pension scheme issues.

Additionally the new edition features new or developed chapters on key areas of practical development such as private equity's role in restructuring and specific issues relating to financial institutions, energy, property, airlines and shipping.

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, and both financial institutions and companies looking to restructure debt, and global accountancy firms and law and business schools worldwide.

Table of Contents

1: Adrian Knight & Rick Ely: Emergency Fund Raisings
2: Scott Simpson & Jay Goffman: Emergency Share and Assets Sales
3: Nik Colbridge & Nick Saggese: Tender and Exchange Offers
4: Peter Coulton, Douglas Urquhart & Hoyoon Nam: Debt Buy-Backs
5: Chris Mallon & Harvey R. Miller: Duties of Directors and Management of Distressed Companies
6: Andrew Shutter & Duane McLaughlin: Waivers, Standstills and Amendments
7: Gabriel Moss QC, Dan Bayfield, Adam Al-Attar, Howard Seife & Seven Rivera: Giving Effect to Debt; Compromise Arrangements - Binding the Minority or Out of the Money Classes of Creditors
8: Ben Larkin & Joe Smolinsky: Using Formal Insolvency Processes to effect a Restructuring - Prearranged and Pre-Packed Insolvency Processes
9: Philip Ridgway, Stuart Goldring & Max Goodman: Tax Issues in Restructuring
10: Adrian Harris, Alper Deniz & Paula Greenman: Restructuring in structured finance markets and vehicles
11: Philip Hertz, Daniel Kossoff & Shai Waisman: Compromising shareholder claims both generally and in listed companies
12: Michael Sippitt & Eric Ivester: Employees and Trade Unions
13: Alastair Meeks & Michael Kam: Pension Trustees and Regulators
14: Chris Mallon & Shai Waisman: Cross-Border Insolvency;

About the Author

Edited by Christopher Mallon, Partner, Skadden, Arps, Slate, Meagher & Flom (UK) LLP, and Shai Waisman, Partner, Weil Gotshal & Manges LLP

Contributors: 

Adam Al-Attar (3/4 South Square)
Dan Bayfield (3/4 South Square)
Nick Colebridge (Skadden, Arps, Slate, Meagher & Flom LLP)
Peter Coulton (Skadden, Arps, Slate, Meagher & Flom LLP)
Alper Deniz (Chadbourne & Parke LLP)
Jay Goffman (Skadden, Arps, Slate, Meagher & Flom LLP)
Stuart Goldring (Weil, Gotshal & Manges LLP)
Paula Greenman (Skadden, Arps, Slate, Meagher & Flom LLP)
Max Goodman (Weil, Gotshal & Manges LLP)
Adrian Harris (Chadbourne & Parke LLP)
Philip Hertz (Clifford Chance LLP)
Michael Kam (Weil, Gotshal & Manges LLP)
Daniel Kossoff (Clifford Chance LLP)
Eric Ivester (Skadden, Arps, Slate, Meagher & Flom LLP)
Ben Larkin (Berwin Leighton Paisner LLP)
Christopher Mallon (Skadden, Arps, Slate, Meagher & Flom LLP)
Duane McLaughlin (Cleary Gottlieb Steen & Hamilton LLP)
Alastair Meeks (Pinsent Masons LLP)
Harvey R. Miller (Weil, Gotshal & Manges LLP)
Gabriel Moss QC (3/4 South Square)
Hoyoon Nam (Weil, Gotshal & Manges LLP)
Philip Ridgway (Temple Tax Chambers)
Seven Rivera (Chadbourne & Parke LLP)
Nick Saggese (Skadden, Arps, Slate, Meagher & Flom LLP)
Howard Seife (Chadbourne & Parke LLP)
Andrew Shutter (Cleary Gottlieb Steen & Hamilton LLP)
Scott Simpson (Skadden, Arps, Slate, Meagher & Flom LLP)
Michael Sippitt (Clarkslegal LLP)
Joe Smolinsky (Weil, Gotshal & Manges LLP)
Douglas Urquhart (Weil, Gotshal & Manges LLP)
Shai Waisman (Weil, Gotshal & Manges LLP) 

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