Insolvency and Restructuring law
WMWP regularly advises businesses, management and shareholders in all fields of insolvency law as well as in restructuring and refinancing projects. WMWP’s insolvency practice also covers dealing with legal questions related to capital maintenance and liability as well as the representation in restructuring negotiations with creditors and in insolvency proceedings.
Furthermore, WMWP has gained significant experience in protecting creditor rights in insolvency situations, in advising creditors in the course of extra-judicial restructurings and in insolvency proceedings (eg granting and enforcement of securities, application of insolvency claims, or the enforcement of segregation rights or rights to separate satisfaction).
WMWP also has developed advisory practice in supporting interested parties in the purchase of assets or businesses from insolvency estates and the ensuing reorganisation and restructuring of the purchase object.
Activities / References
- Enforcement of claims and realisation of securities on behalf of banking institutes in insolvency proceedings
- Advising banks in structured finance transactions and restructuring financing
- Support of listed stock companies in obtaining loan capital in the form of bonds, participating rights, mezzanine capital or other financing instruments
- Advised a foreign investor on the purchase of shares in an Austrian company in the course of insolvency proceedings
- Advised on the legal structure and related questions for the financing of turnkey-projects in the field of alternative energy
- Advised on the legal structure and related questions for the project financing with regard to the building of wind parks
- Providing legal advice on a regular basis to an Austrian syndicate of credit insurers in the course of insolvency proceedings, in particular with regard to the enforcement of rights of segregation, avoidance rules and the creation of ownerships by way of security