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Skadden Discusses De-SPACed Companies Seeking Chapter 11 Protection

Reynolds Holding

The basic premise of Chapter 11 is that even an insolvent (or otherwise financially distressed business) may have significant going-concern value after its existing debt and other liabilities are restructured, and that creditors as a whole are better off preserving the business and sharing in its going-concern value than liquidating it piecemeal.

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How a New Regulatory Framework Could Contain Bank Runs and Promote Recovery

Reynolds Holding

Both measures represent a form of preventive, partial bail-in to preserve going-concern value for solvent intermediaries. Complementing going-concern recapitalization through contingent convertible bonds (CoCos) with redemption charges preventing runs largely addresses U.S. criticism of these instruments.

Banking 59
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Breaking Down the Delaware Supreme Court’s DFC Global Decision**

Appraisal Rights

In addition, the Supreme Court disagreed with chancery that a financial buyer – such as Lone Star, the private equity buyer here – would perform a valuation analysis that was necessarily lower than that done by a strategic buyer.