Restructuring and Enforcement of Securities
The multidisciplinary team assists creditors, debtors and administrators through distressed situations, delivering sophisticated advice and solutions in general negotiations of agreements, as well as through the elaboration of complex restructuring and deleverage mechanisms. The team is frequently engaged with the protection of creditors’ rights in refinancing schemes, optimization and enforcement of security packages and payment guarantees.
With a client base including large financial institutions, private equity and hedge funds, etc., we have acted for both sellers and prospective and actual buyers of distressed companies’ assets.
The team elaborates restructuring mechanisms, analysis of existing security packages in relation to debt restructuring, examination of rehabilitation plans and repayment schedules, as well as analysis of the liability of directors, executives, representatives of companies that are insolvent or on the verge of insolvency. Alternative methods like substitution of creditors through assignment or novation or debt-into-equity swaps are also implemented. The department crafts effective strategies and assists through debt collection, foreclosure of pledges and other security instruments, enforcement of mortgages.
In addition, both creditors and debtor are provided with legal defence in potential litigation proceedings.