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Legal Issues in Restructurings

In: Corporate Debt Restructuring in Emerging Markets

Author

Listed:
  • Richard Marney
  • Timothy Stubbs

    (Dentons)

Abstract

The chapter gives a high-level review of recurrent key legal issues in emerging markets restructurings. Whilst many of the issues have been touched on in prior chapters in the book, the reader is given the opportunity to consider these legal issues in greater detail. The discussion covers the interface of multiple legal systems, the INSOL II Principles, the rule of law, the nature of local legal systems, standstill agreements, confidentiality and bank secrecy, term sheets, governing law and dispute resolution, antecedent transactions, availability and jurisdictional hurdles of international hubs for judicial restructurings (USA, UK, and Singapore), debt to equity swaps, equity creditors, third-party credit support, new money, syndicated lenders, bondholders and liability management, secured lenders, vicarious liability, wrongful trading, overlay restructuring agreements and overlay wind-down agreements.

Suggested Citation

  • Richard Marney & Timothy Stubbs, 2021. "Legal Issues in Restructurings," Springer Books, in: Corporate Debt Restructuring in Emerging Markets, chapter 0, pages 253-324, Springer.
    • Handle: RePEc:spr:sprchp:978-3-030-81306-2_11
    DOI: 10.1007/978-3-030-81306-2_11
    as

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