With a delay of over a year, Czech Act no. 284/2023 on preventive restructuring implemented the EU Restructuring Directive 2019/1023 into Czech law with effect as of 23 September 2023. This publication explains some of the key choices made by the Czech Republic upon the Directive’s implementation.
Transposition of EU Restructuring / Second Chance Directive in Bulgaria: Problems with New Ipso Facto Prohibitions Under Commercial and Financial Transactions
"Bulgaria transposed the Restructuring Directive's prohibition to terminate contracts via ipso facto clauses, but also (deviating from the Directive) prohibited contractual set-off in restructuring, thus rendering the preservation of many contracts performed via contractual set-off / netting of payment meaningless. So, in drafting ipso facto clauses the impossibility to perform contracts in restructuring, due to the contractual set-off prohibition, may be utilised as an additional trigger for termination, now".
E+H and Freshfields Advise on Takko Fashion EUR 830 Million Financial Restructuring and Refinancing Transactions
E+H, working with Simpson Thacher & Bartlett, Gleiss Lutz, Loyens Loeff, and Linklaters, has advised the Takko Fashion group on its financial restructuring and refinancing transactions that saw its bondholders acquiring a majority stake in the group. Freshfields Bruckhaus Deringer, working with Arendt & Medernach, advised the ad hoc group of noteholders.
Bulgaria's Proactive Stance: A Buzz Interview with Nina Tsifudina of Kinstellar
Bulgaria's economic landscape appears to be evolving rapidly, driven by a proactive government and a series of long-overdue legislative reforms, according to Kinstellar Partner Nina Tsifudina. From changes in the available company forms to alignment with EU regulations and the anticipation of eurozone integration – all these keep the country’s markets buzzing, with movements in the banking and telecommunication sectors leading the charge.
Hule Bachmayr-Heyda Nordberg Advises on Wintersteiger Group Restructuring
Hule Bachmayr-Heyda Nordberg has advised the Wintersteiger Group on its restructuring where the company's sports, woodtech, seedmech, and operations divisions were spun off into four subsidiaries, with the parent company being renamed as Wintersteiger Holding AG.
Bankruptcy Procedure Adapted for Martial Law
Law of Ukraine “On Amendments to the Bankruptcy Code of Ukraine on the Application of Bankruptcy Procedures during the Period of Martial Law” No. 3249-IX dated 13 July 2023 (“Law”) entered into force on 29 July 2023.
Kocian Solc Balastik Advises Prazska Plynarenska Group on Intra-Group Restructuring
Kocian Solc Balastik has advised the Prazska Plynarenska group on its intra-group restructuring and the creation of a new holding structure.