Free Shipping on Order Over $60
AfterPay Available
New Financing for Distressed Businesses in the Context of Business Restructuring Law

New Financing for Distressed Businesses in the Context of Business Restructuring Law

by Sanford U. Mba
Publication Date: 15/09/2019
or 4 easy payments of $53.67 with
This item qualifies for FREE delivery
This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules.

Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring.

In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing.

The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.
Commercial law
Publication Date:
Springer Nature Switzerland AG
Country of origin:
Dimensions (mm):

This title is in stock with our Australian supplier and arrives at our Sydney warehouse within 10-15 working days of you placing an order.

Once received into our warehouse we will despatch it to you with a Shipping Notification which includes online tracking.

Please check the estimated delivery times below for your region, for after your order is despatched from our warehouse:

ACT Metro  2 working days

NSW Metro  2 working days

NSW Rural  2 - 3 working days

NSW Remote  2 - 5 working days

NT Metro  3 - 6 working days

NT Remote  4 - 10 working days

QLD Metro  2 - 4 working days

QLD Rural  2 - 5 working days

QLD Remote  2 - 7 working days

SA Metro  2 - 5 working days

SA Rural  3 - 6 working days

SA Remote  3 - 7 working days

TAS Metro  3 - 6 working days

TAS Rural  3 - 6 working days

VIC Metro  2 - 3 working days

VIC Rural  2 - 4 working days

VIC Remote  2 - 5 working days

WA Metro  3 - 6 working days

WA Rural  4 - 8 working days

WA Remote  4 - 12 working days

Customer Reviews

Be the first to review New Financing for Distressed Businesses in the Context of Business Restructuring Law.