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Master Restructuring Agreement
"I need a Master Restructuring Agreement for a Canadian manufacturing company with operations in Ontario and Quebec, involving multiple creditor classes and international bondholders, with implementation planned for March 2025."
1. Parties: Identification of all parties to the agreement, including the debtor company, major creditors, and any other key stakeholders
2. Background: Context of the restructuring, including current financial situation, reason for restructuring, and general objectives
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Restructuring Plan Overview: High-level summary of the restructuring plan and its key components
5. Conditions Precedent: Conditions that must be satisfied before the restructuring plan becomes effective
6. Implementation Mechanics: Detailed procedures for implementing the restructuring, including timing and sequence of events
7. Treatment of Claims: Classification and treatment of different categories of claims and debts
8. Financial Arrangements: Details of new financing, debt restructuring, and payment terms
9. Governance and Management: Post-restructuring governance structure and management arrangements
10. Representations and Warranties: Standard and specific representations and warranties from all parties
11. Covenants: Ongoing obligations and restrictions on parties during and after restructuring
12. Events of Default: Circumstances constituting default and consequences thereof
13. Termination Rights: Circumstances under which parties can terminate the agreement and consequences
14. General Provisions: Standard legal provisions including notices, amendments, governing law, etc.
1. Employee Matters: Special provisions dealing with employment contracts, collective agreements, and pension obligations
2. Tax Considerations: Specific tax-related provisions and structuring requirements
3. Intellectual Property: Provisions dealing with IP rights and licenses during restructuring
4. Real Estate: Special provisions for handling real estate assets and leases
5. Environmental Matters: Provisions addressing environmental liabilities and compliance
6. Intercompany Arrangements: Treatment of intercompany claims and relationships
7. International Provisions: Specific provisions for cross-border aspects of the restructuring
8. Transition Services: Arrangements for temporary services during restructuring implementation
1. Schedule A - Restructuring Timeline: Detailed timeline of restructuring events and milestones
2. Schedule B - Claims Register: Comprehensive list of all claims and their classification
3. Schedule C - Assets and Liabilities: Detailed inventory of company assets and liabilities
4. Schedule D - New Corporate Structure: Post-restructuring corporate and ownership structure
5. Schedule E - Financial Projections: Financial forecasts and assumptions
6. Appendix 1 - Form of Creditor Claims: Standard forms for creditor claims submission
7. Appendix 2 - Implementation Steps: Detailed step-by-step implementation procedure
8. Appendix 3 - Required Regulatory Approvals: List of required regulatory and third-party approvals
9. Appendix 4 - New Security Documents: Forms of new security documents to be executed
10. Appendix 5 - Voting Procedures: Procedures for creditor voting and approval process
Authors
Manufacturing
Retail
Energy and Resources
Real Estate
Construction
Technology
Transportation and Logistics
Healthcare
Financial Services
Telecommunications
Mining
Hospitality
Agriculture
Automotive
Legal
Finance
Treasury
Corporate Development
Risk Management
Operations
Human Resources
Corporate Communications
Investor Relations
Corporate Secretariat
Compliance
Internal Audit
Strategic Planning
Tax
Chief Executive Officer
Chief Financial Officer
Chief Restructuring Officer
Chief Legal Officer
General Counsel
Financial Director
Restructuring Manager
Corporate Finance Manager
Treasury Manager
Risk Manager
Insolvency Practitioner
Corporate Recovery Specialist
Workout Officer
Debt Restructuring Advisor
Investment Banker
Corporate Lawyer
Bankruptcy Trustee
Financial Controller
Operations Director
Human Resources Director
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