RE: What Were HUR BoD Negotiating With The “ad hoc group”4 May 2021 19:57
"In its 2018 Insolvency and Corporate Governance Response (the "Government's 2018 proposals"), the Government recognised the need for a new form of restructuring plan (the “Plan”) that would sit alongside schemes of arrangement and would be focused on the needs of companies facing financial difficulties. The Corporate Insolvency and Governance Act 2020 (“CIGA”) introduced the Plan by inserting a new Part 26A into the Companies Act 2006 (“CA”)."
"Under the scheme process, while creditors are theoretically able to propose the scheme, this is rarely done because (i) creditors may not have access to all the information that the court would expect to be disclosed to other creditors or members in the explanatory statement which is required to be disseminated as part of the process and (ii) the court requires the company to have approved the scheme.
This poses some issues in relation to creditors wishing to promulgate a scheme against the wishes of the shareholder(s). Often, this is achieved by ensuring that the directors (including those appointed by the shareholder) are aware of their duties to act in the interests of the company, which, in a restructuring context,very often means the creditors. Further, under English law, certain steps can be taken to prevent destructive
shareholder action (for example, restraining shareholder resolutions to wind up a company) or creditors may be in a position to apply to put the company into administration which will then allow the administrators to manage the company and promulgate the scheme."
"In order to use a Plan, the company must be in financial difficulty, and the Plan must address that
financial difficulty."
"The majority required to approve a Plan is 75%"
If Hur can show to the court that the company is facing financial difficulty and shows a plan to address that and gets 75% approval from bondholders then in my opinion it has a good chance of being granted under the above legislation.