Conversations With Reorg: Deep Dive Interview with Freshfields’ Restructuring Expert for Mcdermott
May 16, 2024
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Guest Michael Broeders from Freshfields discusses the critical functions of restructuring experts in contested contexts, reflections on stakeholder opinions in UK restructuring, comparative analysis of jurisdictions, navigating stakeholder dynamics, and achieving fair restructuring outcomes.
Restructuring experts play a crucial role in contested scenarios by preventing stalemates between debtors and sponsors to avoid potential value destruction.
Engaging in cross-border restructuring efforts requires considerations of costs, stakeholder reactions, and plan alignment to ensure creditor rights and plan viability.
Deep dives
Role of the Restructuring Expert in a Huwa
The restructuring expert in a Huwa serves multiple roles. Initially, they assist the adapter in preparing a plan and negotiating, especially when the adapter lacks experience in such matters. Another crucial role arises in contested scenarios where the expert is appointed by the majority of creditors or a creditor to prevent stalemates between debtors and sponsors, leading to potential value destruction. The legislator introduced the concept to enable the expert to act independently for the benefit of joint creditors.
Appointment of Restructuring Expert by Amsterdam Court
In a case involving McDermott, the appointment of a restructuring expert by the Amsterdam court stemmed from opposing creditors' concerns regarding the plan's class composition and valuation issues. Despite significant creditor support for the plan, the court found merit in these objections and considered appointing an expert to assess the plan's feasibility objectively. This decision highlighted the court's focus on upholding fair and valid restructuring outcomes amidst potential plan deficiencies.
Considerations in Engaging UK Restructuring Process
The decision to engage the UK restructuring process alongside the Dutch proceedings raised questions about the necessity of the UK route. While factors like urgency and procedural differences influenced the approach, considerations on costs, stakeholder reactions, and plan alignment were pivotal. Assessing the impact on creditor rights and plan viability under different jurisdictions underscored the complexities and strategic considerations in cross-border restructuring efforts.
Evaluation of End Result and Fairness in Restructuring Outcome
The end result of the restructuring process reflected improved outcomes compared to initial proposals, showcasing fairness and stakeholder satisfaction. Despite challenges and contested proceedings, the final agreement allowed the company to continue value creation while addressing creditor concerns. The flexibility and efficiency of the restructuring process contributed to a satisfactory resolution, where all parties involved felt a sense of victory and perceived benefits in the finalized restructuring outcome.
In the latest installment of our Coversation with Reorg series, Reorg’s Legal Director, Shan Qureshi, interviews Freshfields' restructuring expert, Michael Broeders, about his role in McDermott’s WHOA this year.
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