Investing in Distressed Debt in Europe:
The TMA Handbook for Practitioners
Published: 2016
Pages: 327
eBook: 9781787420465
This publication provides an overview of the European distressed debt market, covering debt trading, non-performing loans, direct lending, restructuring and workouts. It analyses these topics and others from a pan-European point of view.
This co-publication with TMA Europe provides an overview of the European distressed debt market, covering debt trading, non-performing loans, direct lending, restructuring and workouts. It analyses these topics and others from a pan-European point of view, and is intended as a practical guide for anyone seeking a better understanding of the commercial and legal complexities involved in a highly fragmented market where different jurisdictions, legislative frameworks and market practices apply.
Ignacio Buil Aldana, a partner in the finance and restructuring team at the London office of Spanish law firm Cuatrecasas, Gonçalves Pereira, has acted as consulting editor for the publication, which also features contributions from other leading experts in the field. Whether you are a lawyer in private practice or in industry, a financial advisor or an investor, this title aims to give you comprehensive insight into all the significant aspects of the European distressed debt market.
Table of Contents
Front Cover | 1 | |
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Title | 2 | |
Copyright | 3 | |
Table of contents | 4 | |
Foreword Lukas Fecker TMA Europe President | 8 | |
Preface Ignacio Buil Aldana Cuatrecasas, Gonçalves Pereira | 10 | |
Part I: Introduction | 14 | |
Investing in distressed debt in Europe: an overview Tom Cox Damian Malone Mark Sinjakli Alix Partners | 14 | |
Part II: Acquisition of distressed debt | 34 | |
Credit agreement and indenture analysis from a European perspective\rJacqueline Ingram\rCadwalader, Wickersham & Taft LLP | 34 | |
Anatomy of an LMA distressed trade transaction and transfer mechanisms under English law\rElizabeth Bilbao\rMandel, Katz & Brosnan LLP | 44 | |
Overview of distressed trading in selected jurisdictions: France, Germany, Italy and Spain | 60 | |
Part III: The European non-performing loans (NLP) market | 82 | |
‘Bad banks’ and their role in the financial sector deleveraging process in Europe\rFernando Mínguez\rCuatrecasas, Gonçalves Pereira | 82 | |
Anatomy of a non-performing loan portfolio sale\rPaul Dunbar\rVinson & Elkins LLP | 94 | |
Part IV: Direct lending | 110 | |
The direct lending landscape in Europe\rNerea Pérez de Guzmán\rFTI Consulting | 110 | |
Trends in direct lending\rAndrew Perkins\rSarah Ward\rMacfarlanes LLP | 120 | |
Legal structuring of direct lending deals in selected European jurisdictions | 134 | |
Legal structuring of direct lending deals: France Jérémie Bismuth Marie Dubarry de Lassalle Olivia Locatelli Caroline Texier Gide Loyrette Nouel | 134 | |
Legal structuring of direct lending deals: Germany Sacha Lürken Wolfgang Nardi Oded Schein Kirkland & Ellis LLP | 142 | |
Legal structuring of direct lending deals: Italy Giorgio Cappelli Andrea Martino Giovanna Randazzo Chiomenti Studio Legale | 150 | |
Legal structuring of direct lending deals: Spain Iñigo de Luisa Iñigo Rubio Cuatrecasas, Gonçalves Pereira | 158 | |
Part V: Restructuring and workouts | 168 | |
Recent trends in European cross-border restructurings\rArturo Gayoso\rDeloitte Financial Advisory | 168 | |
Schemes of arrangements: theory and practice\rGraham Lane\rIben Madsen\rWillkie Farr & Gallagher LLP | 176 | |
Developments in the European legal framework for restructuring | 200 | |
Developments in the legal framework for restructuring: France Jérémie Bismuth Marie Dubarry de Lassalle Olivia Locatelli Caroline Texier Gide Loyrette Nouel | 200 | |
Developments in the legal framework for restructuring: Germany Sacha Lürken Kirkland & Ellis International LLP | 216 | |
Developments in the legal framework for restructuring: Italy Giulia Battaglia Antonio Tavella Chiomenti Studio Legale | 238 | |
Developments in the legal framework for restructuring: Spain Cristóbal Cotta Andrea Perelló Fedra Valencia Cuatrecasas, Gonçalves Pereira | 250 | |
Restructuring high-yield bonds in Europe\rPaul Durban\rGrégoire Hansen\rBrown Rudnick LLP | 262 | |
The recast EU Insolvency Regulation and its impact on distressed investing\rJames Bell\rDouglas Hawthorn\rJeremy Walsh\rTravers Smith LLP | 280 | |
Part VI: Taxation | 296 | |
Structuring the acquisition and disposal of distressed debt\rRebeca Rodríguez\rCuatrecasas, Gonçalves Pereira\rLuke Vassay\rMilbank, Tweed, Hadley & McCloy LLP | 296 | |
About the authors | 318 |
Investing in Distressed Debt in Europe makes a genuine contribution to the literature by combining the practical knowledge of its expert contributors with serious legal analysis in an area which is infrequently covered in other work. Crucially, in doing so, it avoids simply setting the law out or recounting war stories from the market. Instead, it has been carefully structured and provides a rigorous analysis of the issues which it covers, so that the reader is likely to be able to navigate to the appropriate point with ease. This means that, whilst the book can certainly be read cover to cover, it is also invaluable for those with specific concerns and time constraints.
Sarah Paterson
The London School of Economics and Political Science
Giulia Battaglia
Partner, Chiomenti Studio Legale, Milan
[email protected]
https://www.linkedin.com/in/giulia-battaglia-983118b/
Giulia Battaglia joined the firm in 1992 and became partner in 2003. She has extensive experience in the structured finance field and in debt restructuring. In 1994 she was visiting lawyer at Slaughter and May in London.
Giulia Battaglia specialises in providing assistance to Italian and foreign clients in finance, insolvency and restructuring and in infrastructure and public tenders (energy infrastructure projects, infrastructure concessions and contracts).
She graduated with a degree in economics from the University of Rome, La Sapienza, in 1991 and was admitted to practise before the Taxation Courts (in Italy) in 1992. Giulia Battaglia also obtained a degree in Law from the University of Rome, La Sapienza, in 1999 and was admitted to the Bar in 2003 (Italy).
She is admitted to practise before the Taxation Courts in Milan and is also a member of the Milan Bar. Giulia Battaglia speaks Italian and English.
James Bell
Senior professional support lawyer, Travers Smith LLP
[email protected]
https://www.linkedin.com/in/jamesedwardbell/
James is a senior professional support lawyer in the finance and restructuring department at Travers Smith LLP. He advises on developments in law and practice of relevance to English finance lawyers, develops training and prepares the firm’s standard form manuals and precedents. James has a maîtrise in French law from the University of Paris I: Panthéon-Sorbonne and an LLB in English and French law from King’s College London. James trained and practised at Linklaters in London and Paris and previously worked for 10 years in the London finance group of Shearman & Sterling.
Elizabeth Bilbao
Partner, Mandel, Katz & Brosnan LLP
[email protected]
https://www.linkedin.com/in/elizabeth-bilbao-71972536/
Elizabeth Bilbao has been a partner of Mandel, Katz & Brosnan since 2009. Her practice focuses on the secondary loan trading markets and on providing advice on the legal issues relating to the purchase and sale of distressed assets and insolvency claims in emerging and established markets in Europe and South America. Elizabeth has been actively involved in the loan trading market since 2003, and has had extensive experience in various types of high-yield transactions throughout the world, including the purchase and sale of distressed and par loans, trade claims and loan restructurings. Elizabeth Bilbao is a qualified lawyer in England & Wales, Spain and Venezuela.
Jérémie Bismuth
Senior associate, Gide Loyrette Nouel, London
[email protected]
https://www.linkedin.com/in/j%C3%A9r%C3%A9mie-bismuth-86a64610/
Jérémie Bismuth is a French law qualified senior associate in the banking and structured finance team of Gide Loyrette Nouel’s London office. He has substantial experience in banking and structured finance, where he advises financial institutions, private equity funds and corporates on a wide range of asset-backed financing, securitisation and general corporate finance deals.
Ignacio Buil Aldana
Partner, Cuatrecasas, Gonçalves Pereira, London
[email protected]
https://www.linkedin.com/in/ignacio-buil-aldana-23b53432/
A partner at Cuatrecasas, Gonçalves Pereira, Mr Buil is a member of its finance practice. He has been based in the London office since September 2013. He is qualified in Madrid (Spain) and New York.
He has extensive experience in financing and debt-restructuring transactions (in and out of court), and in negotiating financing and refinancing agreements involving a wide range of capital structures, including the refinancing of LBO financings, project finance, real estate finance and corporate finance.
Mr Buil represents borrowers and lenders, and advises financial institutions, hedge funds and private equity funds on financing and refinancing transactions, and distressed investment strategies. He has also participated in several national and multijurisdictional financing transactions and acquisition of NPL portfolios.
He worked as an associate in the New York office of a major American law firm where he represented several debtors and creditors in Chapter 11 reorganisations, including advising on 363 sales and debtor-in-possession financings.
Giorgio Cappelli
Partner, Chiomenti Studio Legale
[email protected]
https://www.linkedin.com/in/giorgio-cappelli-60352a/
Giorgio Cappelli is a partner in the banking & finance department of Chiomenti. He graduated in law from the University of Rome, La Sapienza, in 1986; then obtained an LLM at Northwestern University Law School, Chicago (as a Fulbright scholar), in 1989. Giorgio Cappelli was admitted to the Rome Bar in November 1994. He joined the firm in January 1995 and became a partner in 1999. He previously worked for Banca di Roma in the international finance department. Giorgio Cappelli mainly provides assistance to Italian and foreign clients in finance (acquisition and leveraged finance, real estate financing, structured finance, securitisations, covered bonds) and real estate (real estate asset management, real estate funds, real estate securitisations).
Beatriz Causapé
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/beatrizcausape/
Beatriz Causapé is a partner in Cuatrecasas, Gonçalves Pereira. She has specialised in financial transactions, particularly international transactions. She has ample experience in leveraged and acquisition finance, syndicated and bilateral loans, real estate finance, corporate finance, securitization deals, project finance, public-private partnerships in infrastructures, structured finance and guarantees and security interests granted in Spain. She has also advised on complex restructuring and refinancing deals at preinsolvency stages. Now, she is focusing on the secondary loan trading markets.
Gregorio Consoli
Partner, Chiomenti Studio Legale
[email protected]
https://www.linkedin.com/in/gregorio-consoli-5214208/
Gregorio Consoli is a partner in the banking and finance department of Chiomenti Studio Legale in Milan. He holds degrees in law and a PhD in business law, and has specialised in structuring and documentation of debt transactions with a focus on structured finance transactions, securitisation of receivables and secured lending transactions.
Since 2009 he has been a leader in the Italian covered bonds market. He has also been heavily involved in a number of securitisation and asset finance transactions and has assisted major banks, investment funds and other investors in the sale and purchase of distressed assets.
Cristóbal Cotta
Partner, Cuatrecasas, Gonçalves Pereira, Madrid
[email protected]
https://www.linkedin.com/in/cristobal-cotta-2b71877/
Cristóbal, a partner in the firm’s Madrid office, specialises in refinancing and restructuring industrial, real estate companies and has participated in all stages of complex deals involving reorganisations and restructurings. He also has extensive experience with respect to advising clients on financing projects, all types of infrastructures (PPP and PFI methods), and renewable energies and real estate, using simple, syndicated and structured financing arrangements (eg, sale-and-lease-back and off-balance-sheet transactions).
Recommended by several directories, including IFLR, Best Lawyers and Legal 500 in Project Finance, Public Finance and Real Estate. He lectures in the master in international business law (MIBL) at the Universidad San Pablo CEU, and in a master at the Universidad de Navarra. We highlight his work at the European Investment Bank’s legal department.
He is a member of the Madrid Bar Association
Tom Cox
Director, AlixPartners
[email protected]
https://www.linkedin.com/in/tom-cox-498609220/
Tom Cox is a director in AlixPartners’ financial advisory services practice with over 12 years’ advisory experience working with companies, financial sponsors, and management teams on a wide range of complex financing mandates and more mainstream corporate and leveraged debt raisings.
Tom has extensive experience with lending institutions from both a primary issuance and restructuring perspective, having also been seconded to the restructuring group of a major UK clearing bank, acting on a variety of debtrestructuring and refinancing mandates ranging from £10 million to £1 billion.
More recently Tom advised Monarch Airlines on an asset-based loan transaction following the acquisition by Greybull Capital, and has significant experience in the leveraged buyout market including the private equity buyout financings of Danish waste management operator, MH Gruppen, and the French cold sterilisation business, Ionisos.
Íñigo de Luisa
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/inigodeluisa/
Íñigo de Luisa is a partner in Cuatrecasas, Gonçalves Pereira. He has specialised in banking and financing transactions, particularly those with international exposure.
He has advised on complex debt restructuring and refinancing deals at pre-insolvency stages, and has participated in the acquisition of distressed debt and non-performing loan portfolios (both secured and unsecured). More recently, he has regularly participated in bidding processes of loan portfolios and direct lending transactions advising debt funds. Mr de Luisa lectures at the Faculty of Law of the Universidad Pontificia Comillas (ICADE), and regularly speaks at training courses and conferences specialising in finance, in addition to writing periodically for the journal International Financial Law Review (Banking, Spain).
Marie Dubarry de Lassalle
Associate, Gide Loyrette Nouel
[email protected]
https://www.linkedin.com/in/marie-dubarry-de-lassalle-83805a81/
Marie Dubarry de Lassalle is an associate in Gide Loyrette Nouel’s mergers and acquisitions practice group. She specialises in restructuring and insolvency. Her main areas of expertise are in insolvency proceedings of distressed companies, both in the context of out-of-court and formal insolvency proceedings. She has extensive experience in insolvency-related litigation.
Paul Dunbar
Partner, Vinson & Elkins LLP
[email protected]
https://www.linkedin.com/in/paul-dunbar-a745511a/
Paul Dunbar is a partner in the mergers and acquisitions (M&A) department of Vinson & Elkins in London. He has a broad practice advising clients on M&A, private equity and special situations transactions, including public and private M&A, joint ventures, minority equity and debt investments, and non-performing loan portfolio acquisitions and financings. Paul also advises corporate clients on shareholder activism campaigns and corporate governance matters. Paul spent six months seconded to TPG Capital and TPG Special Situations Partners as European counsel in 2012.
Paul Durban
Associate, Brown Rudnick LLP
[email protected]
https://www.linkedin.com/in/paul-durban-64435570/
Paul Durban is an associate in the financial restructuring and insolvency practice at Brown Rudnick LLP. Paul is involved in restructuring, finance and insolvency matters, including UK and cross-border workouts, new financings and general lending.
He has experience acting for a range of clients in both non-contentious and contentious matters, including financial institutions, bondholders, hedge funds and corporates, and regularly represents major creditors and stakeholders both in the United Kingdom and internationally.
Paul also represents secondary market participants in relation to the acquisition and disposal of debt products using both Loan Market Association standard terms and conditions and bespoke agreements.
Prior to joining Brown Rudnick, Paul worked at Bingham McCutchen as an associate in their restructuring and finance department.
Arturo Gayoso
Director/Head of corporate recovery, Deloitte Financial Advisory
[email protected]
https://www.linkedin.com/in/arturo-gayoso-gonzalez-327bba2/
Based in Madrid Deloitte’s financial services team, Arturo Gayoso has over 18 years of financial and operational restructuring experience, which includes a significant number of assignments based in Europe, Latin and North America.
Arturo Gayoso has broad experience as an adviser in the energy, consumer business, retail and manufacturing sectors, helping a number of businesses to address both operating and financial issues, focusing on cash management, business planning, performance improvement and financial restructuring (including implementation of turnaround strategies, leading large-scale cost reduction programmes, exit of non-core operations to financial restructurings, etc). He also has experience as chief restructuring officer in companies, helping to overcome financial distress situations.
Arturo holds a degree in business administration and management and a bachelor’s in general management from the University of La Coruña, and a degree in international economy from the Open University of Madrid. He also holds a MBA from IE Business School.
Grégoire Hansen
Associate, Brown Rudnick LLP
[email protected]
https://www.linkedin.com/in/gr%C3%A9goire-hansen-b6b5a448/
Grégoire Hansen is a French law-qualified associate in Brown Rudnick’s bankruptcy and corporate restructuring group based in London. His practice focuses on debt restructuring, corporate financing and cross-border insolvency, as well as English and French law debt workouts. Grégoire acts for bondholders, corporates and investment funds in the UK and in France. Grégoire is qualified as an avocat of the Paris Bar and practises as a Registered European Lawyer recognised by the Solicitors’ Regulation Authority. Grégoire holds a master’s degree in business law from the Diplôme de Juriste Conseil d’Entreprise.
Douglas Hawthorn
Senior counsel, Travers Smith LLP
[email protected]
https://www.linkedin.com/in/douglas-hawthorn-46091747/
Douglas is senior counsel in the finance and restructuring department at Travers Smith LLP, having previously practised at international law firms DLA Piper and Hogan Lovells. He holds a first class BA in history from the University of Leeds. Douglas specialises in advising on debt and equity restructurings, turnaround and insolvency (including cross-border) situations, acting for private equity sponsors, financial institutions, investors, companies (including listed companies), directors, turnaround professionals and insolvency practitioners. Douglas also has experience in advising on general banking matters.
Jacqueline Ingram
Special counsel, Cadwalader, Wickersham & Taft LLP
[email protected]
https://www.linkedin.com/in/jacqueline-ingram-a647a441/
Jacqueline Ingram is a special counsel in the financial restructuring group of Cadwalader’s London office.
Jacqueline focuses on debt restructuring and special situations financing. She has extensive experience of acting on complex cross-border restructurings, involving a wide range of insolvency and reorganisation processes. Her practice also encompasses direct lending and special situations financing, often involving complex and bespoke debt instruments and intercreditor structures. She has worked with a diverse range of clients including distressed investors, banks, corporates and creditor and noteholder committees.
Jacquie graduated from Nottingham University with a first class BA and studied for the graduate diploma in law and legal practice course at Nottingham Law School. She is admitted to the roll of solicitors of England and Wales.
Graham Lane
Partner, Willkie Farr & Gallagher LLP
[email protected]
https://www.linkedin.com/in/graham-lane-40649120/
Graham Lane is a partner at Willkie Farr & Gallagher LLP based in London. He heads the London business reorganisation and restructuring practice, where he advises stakeholders on a range of restructuring and insolvency matters, with a particular focus on complex cross-border projects. Graham has gained extensive experience from playing key roles in some of the largest and most noteworthy market-leading restructurings of the last decade, including Eitzen, Travelodge, Klöckner Pentaplast, MF Global, European Directories, Eurotunnel, Sea Containers and Japan Airlines. He is also known for his vast experience in the French market, having been involved in the Vivarte, Latécoère, Solocal, Akerys, Belvedere and Du Fort/Jallatte restructurings, among others. He recently led the UK team in the CORE Entertainment Chapter 11 bankruptcy.
Olivia Locatelli
Associate, Gide Loyrette Nouel, London
[email protected]
https://www.linkedin.com/in/olivia-locatelli-b253b05b/
Olivia Locatelli is a French law-qualified associate in the banking and structured finance team of Gide Loyrette Nouel’s London office. She has worked on multijurisdictional international securitisation deals, banking and project financing transactions. She has advised investment banks, corporate borrowers and institutional banks.
Dimitrios Logizidis
Partner, Gide Loyrette Nouel, London
[email protected]
https://www.linkedin.com/in/dimitrios-logizidis-7682448/
Dimitrios Logizidis, partner in the London office, specialises in banking and structured finance where he advises financial institutions, private equity funds and corporates on a wide range of asset-backed financing, securitisation, covered bonds and general corporate finance deals. In particular, Dimitrios has acted for arrangers, private equity funds and originators in major whole business and trade receivable securitisation transactions involving amounts of up to €4 billion. He has also been involved in a number of multijurisdictional asset-backed commercial paper conduit deals, including in emerging countries, where securitisation was implemented for the first time.
Dimitrios is qualified both as an English solicitor and a French avocat, and advises on English and French law transactions.
Sacha Lürken
Partner, Kirkland & Ellis International LLP
[email protected]
https://www.linkedin.com/in/sluerken/
Sacha Lürken is a partner in the restructuring practice group of Kirkland & Ellis in Munich. He holds a law degree from the Ludwig-Maximilians- Universität München and qualified as a lawyer in 2002. Before joining Kirkland & Ellis, he was working in the Corporate Finance as well as in the Litigation & Dispute Resolution practice groups of Clifford Chance in Frankfurt, London and Munich.
Sacha advises financial investors with regards to investments in the entire capital structure of German corporations, mostly in distressed highyield or bank debt, as well as companies or directors in restructuring and insolvency situations, including in litigation. Sacha has been a lead or co-lead partner in some of the most prominent German restructuring cases, most recently Scholz Holding, HETA Asset Resolution, IVG Immobilien, PROKON, SolarWorld and Q-Cells.
Iben Madsen
Associate, Willkie Farr & Gallagher LLP
[email protected]
https://www.linkedin.com/in/iben-madsen-9741b5ab/
Iben Madsen is a senior associate in the business reorganisation and restructuring practice at Willkie Farr & Gallagher LLP based in London. She has experience advising all types of stakeholders (including debtors, creditors and insolvency practitioners) on restructurings, acquisitions and disposals of stressed and distressed businesses.
Iben has played a lead role advising clients on the following significant matters: Eitzen Group, on the international elements of its successful debt-for-equity restructuring; Axcess Financial on the restructuring of Cheque Centre; Evans Easyspace, on behalf of Zolfo Cooper LLP as administrators; the coordinating committee of lenders in relation to Vivarte, on the French clothes and shoe retailer’s restructuring; Monier Group in relation to its schemes of arrangement; and GoldenTree, Avenue Capital and Goldman Sachs on the financial restructuring of Travelodge. Most recently, Iben has been a key member of the team advising on the UK elements of the CORE Entertainment Chapter 11 restructuring. Iben is an associate member of the Insolvency Lawyers’ Association.
Damian Malone
Vice-president, AlixPartners
[email protected]
Damian Malone is a vice-president in AlixPartners’ corporate finance practice, with over 11 years’ experience in advisory services working with companies, alternative capital providers, private equity firms and management teams on a range of assignments including mergers and acquisitions, debt restructurings and corporate valuations.
Damian is a graduate of University College Dublin, Oxford Brookes University, the University of Oxford and the University of Cambridge. Additionally, he is a fellow of the Association of Chartered Certified Accountants and holds a diploma in corporate restructuring from the Law Society of Ireland.
Most recently Damian has been involved in the sale of the Co-operative Group’s Somerfield business to Hilco Capital and advising on the valuation of a global shipping business. Furthermore, in 2015 he advised on the sale of the Parabis Group and its subsidiaries to multiple acquirers.
Andrea Martino
Senior associate, Chiomenti Studio Legale
[email protected]
https://www.linkedin.com/in/andrea-martino-662018245/
Andrea Martino is a senior associate in the banking and finance department of Chiomenti Studio Legale in Rome. He holds a degree in corporate law, and has specialised in corporate and structured finance for a number of years. In particular, he has been involved in a variety of important domestic and cross-border transactions concerning acquisitions and real estate financings, including asset deals relating to major Italian corporations.
He has also provided legal assistance to arrangers and originators in the structuring of securitisation transactions of performing assets.
Fernando Mínguez
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/fernandominguez/
Fernando Mínguez is a partner in Cuatrecasas, Gonçalves Pereira. He is a renowned expert in all areas of banking and finance transactions, particularly in the administrative regulations applicable to credit institutions. He mainly focuses on advising credit and financial institutions on corporate and institutional matters on an ongoing basis.
He is a regular speaker at forums specialising in commercial, banking and financial matters. He also lectures in postgraduate courses and seminars at the IEB and the University of Navarre. He regularly publishes articles in the financial press and articles of opinion on his areas of specialty. Mr Mínguez is currently on leave from his position as inspector of credit and savings institutions at the Bank of Spain. He is an official auditor (not practising), and he is admitted as a solicitor in England and Wales.
Wolfgang Nardi
Partner, Kirkland & Ellis International LLP
[email protected]
https://www.linkedin.com/in/wolfgang-nardi-789364b0/
Wolfgang Nardi is a partner in the debt finance practice group of Kirkland & Ellis in Munich. He holds a law degree and a master’s degree in political science from the University of Regensburg as well as a master’s degree in law from the European University Institute in Florence. Wolfgang qualified as a German lawyer (Rechtsanwalt) in 2002 and as an English solicitor in 2008. Before joining Kirkland & Ellis, he worked in the banking practices of Linklaters in Frankfurt and Clifford Chance in Munich. Wolfgang’s particular focus lies on advising investors on the financing aspects of private equity transactions and financial restructuring in a private equity environment. He is specialised in finding solutions for the non-consensual refinancing or restructuring of syndicated debt to German debtors.
Wolfgang was the lead or a co-lead partner in some of the most prominent German and Germany-related distressed financing and restructuring cases, most recently Scholz Holding, APCOA Parking, IVG Immobilien and Rodenstock.
Andrea Perelló
Senior associate, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/andrea-perell%C3%B3-schumann-b18a46b0/
Andrea Perelló is a senior associate in Cuatrecasas, Gonçalves Pereira. She has specialised in litigation and restructuring and insolvency transactions.
She has ample experience on several bankruptcy proceedings, including some of the most important cases on a national scale, defending the interests of both debtors and creditors.
Throughout her professional career, she has also represented investors’ interests in the acquisition of assets and sales of business units within the frame of insolvency proceedings. She also has extensive expertise in debt refinancing transactions (both in and out of court) and corporate restructuring agreements. Ms Perelló lectures at Universitat Pompeu Fabra in Barcelona.
Nerea Pérez de Guzmán
Senior director, FTI Consulting
[email protected]
https://www.linkedin.com/in/nerea-perez-de-guzman-0700336/
Nerea Pérez de Guzmán is a senior director in the corporate finance department of FTI Consulting in Madrid. She holds a degree in business administration and has specialised in advisory services to corporates, financial entities and funds for the last 12 years while based in Madrid and London.
From 2004 she specialised in transaction services in KPMG Madrid and London, where she worked in connection with disposals and acquisitions for domestic, international and private equity houses in a wide range of industries, including manufacturing, media, real estate, retail and leisure.
Since 2008 she has been involved in major debt restructuring cases in Spain, with a high exposure to construction, real estate and retail companies.
Andrew Perkins
Partner, Macfarlanes LLP
[email protected]
https://www.linkedin.com/in/andrew-perkins-14517b45/
Andrew Perkins is a partner in the finance team of Macfarlanes LLP in London, and has over 15 years’ experience acting for banks, financial institutions, borrowers and sponsors on a wide range of financing transactions, including facilities for investment funds and leveraged buyouts.
Andrew is a market leader in the alternative credit space, and is core counsel to a number of major debt funds. Andrew is also recognised in fund finance and is one of a small group of practitioners able to advise lenders and fund managers of all descriptions on the structuring of complex debt finance into all forms of investment funds.
Andrew has recently acted for (among others) Ares Capital on the acquisition of a portfolio of leveraged loans from Barclays Bank plc and The Royal Bank of Scotland plc on facilities to P2P Global Investments plc.
Giovanna Randazzo
Lawyer
[email protected]
https://www.linkedin.com/in/giovanna-randazzo-897351a6/
Giovanna Randazzo is a lawyer specialising in banking and bankruptcy law, she provides legal assistance to companies and individuals and works as bankruptcy receiver. She holds a degree in law and an MA in corporate criminal law.
She worked for a number of years for the legal department of the Italian Banking Association, where she provided legal assistance to the associated Italian banks, mainly in banking and bankruptcy law, and analysed law reforms on the same subjects in order to draft proposals for amendments.
Furthermore, she was an associate in the banking and finance department of Chiomenti Studio Legale in Rome until June 2016. Her main task there was to handle finance transactions. In particular, she has been involved in local and cross-border finance transactions, concerning acquisitions and real estate financings.
Rebeca Rodríguez
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/rebeca-rodr%C3%ADguez-mart%C3%ADnez-22862a29/
Rebeca Rodríguez is a partner in Cuatrecasas, Gonçalves Pereira. She specialises in advising credit institutions, investment service firms, financial institutions and insurance companies, particularly on institutional matters and on their financial products. She advises on all kinds of restructuring transactions, financing, issues of securities, acquisition of distressed debt, structures, securitisation and financial agreements. She also advises on developing and implementing investment structures in Spain and abroad.
Ms Rodríguez lectures on the taxation of products and financial transactions in the master in tax consultancy at the Instituto de Empresa and in the master in financial institutions and markets at CUNEF. She also lectures on international tax in the master in business law at the Universidad de Vigo. Additionally, she is a regular speaker at conferences and symposiums at IIR, IFAES and the Fundación de Estudios Financieros.
Íñigo Rubio
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
https://www.linkedin.com/in/i%C3%B1igo-rubio-lasarte-0831757/
Íñigo Rubio Lasarte is a partner in Cuatrecasas, Gonçalves Pereira. He specialises in advising on different financing transactions, particularly, in real estate finance projects, acquisition of nonperforming loan and real estate owned portfolios from Spanish financial entities by international investors.
Mr Rubio has ample experience in corporate finance and debt restructuring transactions, having participated in several of the most important and complex refinancing processes in recent years in Spain.
Oded Schein
Partner, Kirkland & Ellis International LLP
[email protected]
https://www.linkedin.com/in/oded-schein/
Dr Oded Schein is a tax partner in the Munich office of Kirkland & Ellis International LLP. He holds a degree in law, is a certified tax advisor in Germany, and has extensive experience in German and international tax planning, in particular in the context of cross-border private equity transactions and investments by hedge funds. Oded Schein advises on the formation of investment vehicles for commercial and private investors and has worked on several large-scale international restructuring cases in recent years where he provided tax advice and structural solutions.
Luisa Federica Scialpi
Associate, Chiomenti Studio Legale
[email protected]
https://www.linkedin.com/in/federica-scialpi-5117b324/
Federica Scialpi is an associate in the banking and finance department of Chiomenti Studio Legale in Milan. She holds degrees in law and is admitted to the Italian Bar. She specialises in structured finance transactions, debt capital market and lending transactions.
She has been involved in a number of securitisation and asset finance transactions and has assisted major investment funds and other investors in the sale and purchase of performing and distressed assets. In addition, she has provided assistance to several banks and arrangers in relation to the structuring of the covered bonds programme.
Mark Sinjakli
Director, AlixPartners
[email protected]
https://www.linkedin.com/in/marksinjakli/
Mark Sinjakli is a director in AlixPartners’ turnaround and restructuring services practice. He has 14 years’ advisory experience, working both for debtors and creditors, on a variety of businesses ranging from UK mid-market concerns to large international groups.
He was recently on secondment to the restructuring department of a major UK clearing bank. He conducted the on-site management of a major UK food factory while it was in administration, including the pursuit of a sizeable insurance claim.
Recently Mark was extensively involved with the Cattles scheme of arrangement, advised a German corporate facing liquidity issues, and oversaw the implementation of a pre-packaged sale of a group of UK bars and restaurants. He has experience of restructuring in industries such as hotels and leisure, real estate, printing, manufacturing and digital media.
Antonio Tavella
Partner, Chiomenti Studio Legale, Milan
[email protected]
https://www.linkedin.com/in/antonio-tavella-73671a15/
Antonio Tavella joined the firm in 2004 and became a partner in 2013.
He specialises in providing assistance to Italian and foreign clients in finance (structured finance, real estate financing, acquisition finance, project finance, securitisation, covered bonds), insolvency and restructuring (insolvency and preinsolvency proceedings, financial and corporate restructuring).
He graduated in law from the University of Parma and was admitted to the Italian Bar in 2006.
Antonio Tavella is also a member of the Milan Bar. He speaks Italian and English.
Caroline Texier
Partner, Gide Loyrette Nouel
[email protected]
https://www.linkedin.com/in/caroline-texier-89a57a19/
Caroline Texier is a partner in Gide Loyrette Nouel’s mergers and acquisitions practice group. She specialises in restructuring and insolvency. Her main areas of expertise are insolvency proceedings and debt restructurings. She has long-standing experience in international restructurings of distressed companies, both in the context of out-of-court and formal insolvency proceedings, where she advises all types of stakeholders. Her expertise covers all aspects of restructurings, including insolvency-related litigation.
Fedra Valencia
Partner, Cuatrecasas, Gonçalves Pereira
[email protected]
[email protected]
Fedra Valencia is a partner in Cuatrecasas, Gonçalves Pereira. She is a renowned in the legal management of bankruptcy proceedings, and provides legal advice on corporate and financialrestructuring transactions. She has participated in several bankruptcy proceedings defending the interests of both debtors and creditors, as well as in debt-refinancing transactions (both in and out of court) and corporate-restructuring agreements, which were beneficial for her clients with respect to their creditors. She is also an expert in administrative liability.
She is a professor of bankruptcy law at Universidad Pontificia Comillas-ICADE and lectures at several universities. She speaks regularly at conferences, symposia and seminars.
Luke Vassay
Milbank, Tweed, Hadley & McCloy LLP
[email protected]
https://www.linkedin.com/in/lukevassay/
Luke Vassay is an Associate and Chartered Tax Adviser in the London office of Milbank, Tweed, Hadley & McCloy LLP, specialising in the taxation of a range of corporate and finance transactions.
Jeremy Walsh
Consultant, Travers Smith LLP
[email protected]
https://www.linkedin.com/in/jeremy-walsh-53426519/
Jeremy was until recently a partner and is now a consultant in the finance and restructuring department at Travers Smith LLP. He specialises in advising on finance, restructuring and insolvency, in each case acting for financial institutions, private equity sponsors, investors, borrowers, pensions trustees, directors, insolvency practitioners and turnaround professionals. Jeremy is also a licensed insolvency practitioner.
Sarah Ward
Senior solicitor, Macfarlanes LLP
[email protected]
https://www.linkedin.com/in/sarah-ward-555659104/
Sarah Ward is a senior solicitor in the finance team of Macfarlanes LLP in London. Sarah has over six years’ experience advising banks, financial institutions, borrowers and sponsors on a wide range of financing transactions, including advising senior, super-senior and unitranche lenders on all aspects of acquisition financing and facilities for investment funds.
Sarah has recently acted for (among others) Ares Capital on various unitranche and supersenior facilities, including for the refinancing facilities made available to the Claranet Group, and The Royal Bank of Scotland plc on various leveraged buyouts and financings.