We have established a high quality financial debt restructuring practice and are able to help borrowers, lenders and other parties involved to effectively handle a complex local or international debt restructuring transaction from the stage of negotiating standstill arrangements and set up of creditors committee to its successful completion.
Within the scope of our finance, litigation, tax and corporate practices our attorneys comprehensively advise local, international and supranational lenders, committees of creditors, ECAs, insurers, bondholders, governmental agencies, trustees, agents as well as debtors on a full range of issues relating to international consensual debt restructurings, Ukrainian insolvency proceedings, lender’s or borrower’s post-default options and scenarios, recovery of or the restructuring of corporate financial debt.
Also, our attorneys have extensive experience in assisting distressed companies or their creditors at any stage of in-court insolvency/rehabilitation proceedings or representing any party to an out-of-court multi creditor or bilateral debt restructuring transactions.
We will be able to advise with respect to the following matters:
- In-court bankruptcy proceedings;
- Defence strategies against frivolous bankruptcy;
- Out-of-court/solvent restructurings;
- Implementation of exchange offers and schemes of arrangement;
- Assisting with appointments of steering groups, creditors’ committees and IWGs;
- Advising on standstill arrangements;
- Performing borrower’s legal due diligence;
- Providing comprehensive structuring advice regarding the implementation of any new commercial terms to existing finance and security documents including haircuts, new money and new security, debt-to-equity swaps, subordinations, set-offs, applicable regulatory requirements etc.;
- Advising on and negotiating master restructuring, overriding agreements and similar restructuring documentation;
- Advising on the new or existing security related matters;
- Enforcement or release of security;
- Obtaining permits, licenses or seeking other approvals from the relevant Ukrainian state authorities, the National Bank of Ukraine regarding the implementation of the restructuring terms.