Restructuring in LBOs and Leveraged Transactions
Course
Inhouse
Description
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Type
Course
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Methodology
Inhouse
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Class hours
12h
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Duration
2 Days
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Start date
Different dates available
The past few years have seen rising leverage, the evolution of more complex-laminated structures and the erosion of lender protection in loan documentation.
This has created a volatile cocktail which is now being shaken by economic forces in the shape of rising interest rates and higher costs. It is against this background that defaults are expected to revert to normal levels and will presage a wave of restructurings.
Matters have been complicated further by the absence of any direction on how the new market will respond to the new dispensation featuring laminated structures, the transferability of loans and ability to relocate corporate jurisdiction.
This program explores the practical issues, options and tactics which parties will face in leveraged deals as they pick their way through the corporate debris. Many important topics will be covered, such as directors' duties and insolvency, formal procedures and legal and regulatory issues. The programme will also appeal to those involved in general debt restructurings.
This course can be delivered in-house to a team of people.
For further information about the course, trainer or to request an in-house quote, please contact the center.
Important information
Documents
- Restructuring in LBOs and Leveraged Transactions
Facilities
Location
Start date
Start date
Reviews
Subjects
- LBO's
- Restructuring
- Leveraged transactions
- Defaults
- Event of Defaults
- Insolvency
- Wrongful Trading
- Syndicated Debt
- Covenant Waivers
- Regulatory Issues
- Pensions Regulator
- Moral Hazard
Teachers and trainers (1)
Former Practitioner
Contact us for details enquiries@redcliffetraining.co.uk
Course programme
Course Content:
Background
Evolution of LBO debt
Higher risk – the case for and against
Timing – credit or economic crunch
Players in the Capital structure – different roles & angles
Triggers
Defaults vs Events of Default
Insolvency & Wrongful trading (Cheyne case)
Directors’ Duties & Insolvency
Types of Directors
Directors’ duties (2006 Act)
Tests for Insolvency
Mitigating risk
Issues with Syndicated debt
Role of the Agent Bank (especially Security Trustee)
Syndicate composition – who is in /out (sub-participations)
Transfer rights and restrictions
Waivers & Restrictions (Majorities & Super majorities)
Events of Default & Sponsor flexibility
Restructuring Route Map
Valuation (where is the fulcrum capital)
Review of the Loan docs (Senior, Mezz and Inter-creditor)
Review your Weapons
Inter-creditor – Theory vs Reality (why the payment waterfall doesn’t always flow as expected)
Restructuring Options and Issues
Covenant waivers / resets
Debt buyback – methods & practical issues
Hamburger strategy (buy either side of your debt to protect interests and give information)
M&A Demergers
New money (internal)
New money (external)
Consensual vs non-consensual
Pre-packaged sales as a tool for reconstruction in LBOs
Formal Procedures
CVA
Scheme of Arrangement
Appointment of an Administrator
Winding up (compulsory or voluntary)
Administrative Receivership
Hot Legal / Regulatory issues
Jurisdiction & Impact of COMI
Overview of UNCITRAL
Pensions Regulator & Moral Hazard
Restructuring in LBOs and Leveraged Transactions