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528 results found

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Dechert LLP | USA | 30 Jul 2018

The Winter of Our Discontent May Be Over (If you are a Distressed Debt Investor)

You can never go wrong starting off a commentary with a butchered bit from the Bard, right? “Now is the winter of our discontent” spake Richard III…
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Weil Gotshal & Manges LLP | USA | 26 Jul 2017

SEC Sanctions Private Fund Manager and Two Principals for Improperly Valuing Assets and Related Violations

The Securities and Exchange Commission (SEC) recently settled an enforcement action against a private fund manager and two of its principals for…
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DLA Piper | United Kingdom | 7 Jul 2017

European distressed debt and private equity - defensive strategies coming to the fore?

Where a corporate borrower defaults on its debt terms, distressed debt investors are often presented with opportunities to acquire the debt at a…
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Burges Salmon LLP | United Kingdom | 2 Jun 2017

Can a company owner claim damages for negligent advice given to the company?

The Supreme Court has unanimously allowed accountant Lowick Rose LLP’s appeal against earlier decisions that it was liable to pay £15 million of…
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PwC Canada | Canada | 17 Apr 2017

Distressed investing — Step 2: Develop a strategy for superior returns

Once you’ve identified a distressed investment that interests you, it’s time to strategize. While there may be a golden opportunity to get a…
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Baker McKenzie | Italy, Netherlands, Poland, etc. | 3 Apr 2017

Issues for Trades of Non-Performing Loans Key Country Analysis

With increasing regulatory pressure on Europe's banks to dispose of non-core assets and estimated trillions of non-performing loans (NPLs) on their…
Commentary
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RPC | United Kingdom | 28 Feb 2017

Guidance on the "cardinal rule" for implying terms

In a recent case the Court of Appeal held that a term could not be implied into an agreement because, although it was linguistically consistent, it was substantively inconsistent with the express terms. In doing so, the court shed further light on the application of the "cardinal rule" that an implied term must not contradict any of the express terms of the contract.
Commentary
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HPP Attorneys Ltd | Finland | 23 Dec 2016

Amendment of restructuring programme – unclear and unknown debts

A court-approved restructuring programme can be amended only if the preconditions of the Restructuring of Enterprises Act are met. Generally, the contents of an approved programme may be amended with the acceptance of all the creditors whose rights would be violated by an amendment. However, the precondition of the debtors' acceptance is problematic when the amount of a restructuring debt is......
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Globe Law and Business | European Union, United Kingdom | 1 Dec 2016

Find out how the recast European Insolvency Regulation is impacting distressed investing in Europe

The recast European Insolvency Regulation - impact on distressed debt investors What's happening? In 2002, the European Insolvency Regulation (EIR)…
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DLA Piper | Spain | 23 Sep 2016

Practical aspects of NPLs and REOs portfolio deals in Spain

Any discussion of distressed assets will, almost certainly, feature Spain. In a country where house ownership is around 80 per cent, and in which more…
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