The service can cover the end-to-end advisory, representation, and execution of any party involved in a Part 26A Restructuring Plan process.
Relevant parties can include the company or creditor / shareholder proposing the plan or any stakeholder proposed to be crammed down that wishes to oppose the plan.
The service leverages the leading experience and success stories of Capital Agents in highly contentious cases, both when proposing and opposing Part 26A Restructuring Plans.
In the case of proposing a Restructuring Plan, the following activities are usually in scope:
1. Feasibility analysis and strategy advice for shaping a Restructuring Plan that has realistic prospects of being sanctioned by the courts, considering:
2. Drafting of all Restructuring Plan documents as required, including:
3. Representation of the Restructuring Plan at the stakeholder class meetings.
4. Issuing and tracking notices to all stakeholders as required by the courts.
5. Setting up and operating the Restructuring Plan Website.
6. Coordination and evidencing of the plan meetings and voting outcome.
7. Preparation of the chairperson’s report for the court.
8. Preparation of the relevant witness statements and exhibits of supporting evidence for the respective court hearings
9. Instruction of solicitors and barristers to present the case in court.
10. Optionally, negotiations and formal communications with the plan stakeholders to rally a critical mass of support in favor of the plan.
When opposing a Restructuring Plan, several activities are undertaken, such as:
1. Review of the narrative, merits, and fairness of the plan and strategy advice for identifying and challenging the shortcomings of the plan.
2. Deep dive into the points in the documents collection that make or break the plan, articulating key arguments to oppose the plan.
3. Drafting of formal letters to request appropriate disclosures and raise appropriate challenges to seek improve terms in the plan.
4. Optionally, coordination of negotiations and formal agreements for out-of-court settlement.
5. Coordination or advisory for obtaining relevant expert witness or other evidence to challenge the Relevant Alternative.
6. Drafting of opposing witness statements with the relevant evidence exhibited.
7. Attendance at court hearings and plan meetings, instructing barristers as appropriate.
8. Optionally, contacting and rallying a syndicate of opposing stakeholders to join in supporting a different alternative to the plan.
