Insolvency & Restructuring
Insolvency & Restructuring
Recent world events have
uncovered significant issues concerning restructuring and insolvency.
Our team of lawyers stay in touch with global developments and
continues to advise on the majority of the largest and most-high
profile deals in Kazakhstan. We represent clients in all aspects of
restructurings, workouts and insolvency matters, including
transactional and litigation matters, and provide timely, coordinated
and effective advice. We provide the following services:
- advice on the possible legal options for restructuring;
- development
of possible procedures for the restructuring of liabilities and
existing measures on the enforceability of a debtor’s obligations to
meet the requirements of bankruptcy law;
- representation of restructuring coordinators, creditors (bond holders) or debtors (bond issuers);
- negotiations on the determination of the commercial terms of a restructuring;
- preparation of preliminary restructuring plans;
- preparation of the offers to creditors (bond holders) on debt restructuring;
- drafting of the notice of convening the general meeting of creditors (the general meeting of bond holders);
- drafting
of the agreement for creditors refraining from the transfer of rights
and from exercising their rights under the debt instrument (loan
agreements, bonds);
- preparation of a final restructuring plan (restructuring agreement);
- drafting of disclosure letters due to restructuring (if a debtor has a liability to disclose);
- preparation of the documents on a debtor’s liabilities restructuring:
- loan Agreement;
- issuing documents on the issue of Kazakh bonds;
- securities exchange agreement (for Kazakh bonds, preferred shares, investment units, ordinary shares or Eurobonds);
- novation agreement or other appropriate contract.
- drafting and issuance of a legal opinion on the transaction.
Recent Experience:
- advice on restructuring to foreign creditors of JSC “Alliance Bank”;
- advice on restructuring to foreign creditors of JSC “TemirBank” (ongoing);
- advice to foreign creditors on the restructuring of JSC “BTA Bank” debt;
- advice to the Export Credit Agency on the restructuring of JSC “Astana Finance” (ongoing);
- advice to a group of affiliated companies regarding the restructuring of a bank debt (ongoing);
- advice to a foreign bank on the restructuring and debt recovery issues of a Kazakh company;
- advice to Eurobonds holders on issues related to the default by an issuer holding material amounts of its assets in Kazakhstan.
Publications:
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RATING
"The team is noted for
its strength in banking and finance matters"
"The team has
particular expertise in banking and finance"
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