- Significant Matters
Corporate restructuring is broader than formal bankruptcy or liquidation processes. Restructuring can start as early as covenant re-setting and ‘amend and extend’ discussions, continues through default and/ or forbearances or waivers of default, consensual solutions such as refinancing, sale of non-core assets, cash injections and restructuring of the business or equity, through to formal processes such as schemes of arrangement and compromise, and ultimately business rescue and liquidation.
At Bowmans we are uniquely placed to advise on the full range of issues that may arise throughout any restructuring process in Africa. This includes in regard to work-outs, consensual restructuring, schemes, administration orders and formal insolvency measures such as winding-up.
Our restructuring and insolvency specialists work closely with expert lawyers in our Banking & Finance and Corporate Departments to provide a comprehensive service.
We are able to draw on in-house expertise in other areas that may be required in a complex restructuring including: regulatory law (particularly in sectors such as aviation, mining, pharmaceuticals and telecommunications), tax, pensions and employment law, competition and merger control and real estate. We also have English law qualified practitioners to advise on foreign listed facilities and debt instruments.
We have considerable experience in cross-border restructurings that involve simultaneous insolvency filings in multiple jurisdictions. Our team members have also advised on many pan-European and co-ordinated US/ Europe restructurings.
Our Restructuring specialist services include:
- Contingency planning
- Standstill and forbearance arrangements
- Debt restructuring and rescheduling – both creditor-led and debtor-led
- Refinancing of finance facilities
- Directors’ duties during periods of financial distress and restructurings
- Dealing with auditor concerns regarding ‘going concern’ status and related issues
- Equity capital raising and restructuring
- Distressed M&A transactions
- Formal restructuring procedures such as:
- schemes of compromise
- schemes of arrangement and debt
- equity swaps
- exchange offers
- business rescue
- Cross-border restructurings, particularly cross-border group restructurings that involve simultaneous insolvency filings in multiple jurisdictions
- Investigation, asset tracing and insolvency litigation
- UAP Holdings
- Liberty Group of South Africa
- Lewa Wildlife Conservancy
- Farallon Capital Management, East African Development Bank and KCB Bank Kenya Limited
- Tatu City Limited
- Orange SA
- Fidelity Commercial Bank
- The East African Portland Cement Co. Limited
- Imperial Bank Limited
- Athi River Mining Limited
- Kenya Airways PLC
- Sibanye Gold Eastern Operations Pty Ltd
- Oger Telecom Limited
- Tata Communications