As an adviser
to a borrower or lender you need to be ready to lead your
client through the complex maze of taking and enforcing
security in cross border deals. Today’s transactions
are innovative and sophisticated often involving different
types of security in many different jurisdictions. Whether
land, cash, securities or IP are involved you need to
know which are the best assets to use as security to back
your loan and which specific laws apply in the jurisdiction
in which those assets lie.
It is imperative
to get the documentation and registration of security
right but also to understand the real commercial consequences
of choosing one type of security in any given jurisdiction
over another. Your client needs to know what will happen
if enforcement becomes necessary
and all options open to them in a problematic loan or
insolvency scenario. Restructuring, workout, or ultimately
contentious enforcement – whichever route is taken
this C5 conference of leading experts will help you and
your clients gain invaluable insight into:
•
How to best structure a security document to protect your
client’s position
• The impact of UNCITRAL model law on cross border
insolvency
• The advantages of international regimes for specific
assets used as security
• The extent and importance of the intercreditor
arrangements in an enforcement situation
• How and why decisions are made in multi-creditor
restructurings and workouts
• Comparative legal perspectives from French, Spanish,
Swedish and German jurisdictions