Clifford Chance

Guidelines for creditors participating in financial restructurings (ILO Article 09-09-2016)

23 September 2016

Case law has consistently set out the terms on which the refinancing or financial restructuring of a distressed company can take place in order to avoid lender liability and prevent the clawback of payments made under the finance agreements. The Federal Court of Justice has now provided more detail with respect to the requirements of a restructuring concept and has outlined certain guidelines and rules of conduct which creditors should observe in the context of financial restructurings.

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