Restructuring Law and Practice, 2nd Edition (Revised)
【Table of Contents】
The London Approach. Practice and trends, etc.
2. Restructuring process
The pre-contractual phase. The contractual phase. Distributions, etc.
3. Information, disclosure and year end reporting
Confidentiality. Accountant's reports. Public disclosure of information by listed companies undergoing a financial restructuring. “Year end reporting” and the importance of going concern statements, etc.
4. Officers, fees and financial creditor remuneration
Key officer roles. Fees and remuneration, etc.
5. The Importance of valuations in the restructuring process
Going concern valuations. Key valuation issues and tensions, etc.
6. Restructuring exits
Debt trading. Debt buy back. Disposal programs. Amend and extends. Involuntary refinancing. Debt for equity swap. Tax issues, etc.
7. Schemes of arrangement as a restructuring tool
Advantages of schemes. Practical points to evaluation when considering the use of a scheme. Jurisdictional issues. Process and procedure. Comparison of schemes with CVAS, etc.
8. The impact of the Pensions Act 2004 on restructurings
The role, duties, powers and discretions of trustees under a DB scheme. The importance of calculating the deficit. The moral hazard provisions. tPR clearance statements, etc.
9. Restructuring and director's duties
Director's duties. Shareholder litigation. Wrongful trading. Fraudulent trading. Disqualification. Shadow directors, etc.
10. Rescue rights issues
Timetabel. Pre-emption rights. Disapplication of the statutory pre-emption provisions. Limits on disapplying pre-emption rights. Steps in a rights issue. Impact day, etc.
11. Credit derivatives and restructuring
Contractual and documentation architecture
12. Chapter 11 Overview