The Leanding Law Firms | 2016 | 309
In close cooperation with the office‘s corporate and real estate practices, the restructuring & insolvency team regularly advises clients on the most complicated, demanding and complex mandates. Its members benefit from deep banking & finance experience especially when advising clients on post-commencement financing of insolvent companies, an area in which the team dominates the market. In May 2014 Tomáš Richter a Jindřich Arabasz won the TMA Europe award - ‚Turnaround of the Year - Small Company‘ for the reorganisation of BESTSPORT a.s.
Recent client assignments include advising Komerční
banka, a.s. on taking over legal representation of the client as secured creditor within insolvency related litigation of ELMA – THERM, spol. s.r.o. which resulted in an infamous Superior Court Judgement of August 2014 relating to accessority of security and hardening periods under already ineffective Czech law. Hypothekenbank Frankfurt AG as lender on potential consensual restructuring of financing documentation entered into with a Luxembourg borrower in connection with acquisition of 4 Czech real estate property SPVs using Islamic financing concept called „murabaha“, on issues associated with potential enforcement of security against the borrower as well as the Czech property companies and all relevant English, Luxembourg and Czech insolvency law and proceedings aspects. KKCG a.s. on challenges by some of the creditors in connection with the sale of SAZKA‘s enterprise from the bankruptcy estate. All claims have to date been denied by the Court of First Instance and in 2014 also by the appellate court which followed all the main arguments of the new SAZKA and the insolvency administrator. Komerční banka, a.s. as the largest secured and unsecured creditor, on the insolvency filings against CTY Group and one of its major subsidiaries Modřany Power and on the subsequent successful settlement with Modrany Power that resulted in the full repayment of the outstanding debt and the non-consensual transfer of the approx. € 24 million debt and associated third party security to KPB družstvo.
Kingdom of Saudi Arabia in respect of Czech part of a questionnaire relating to the envisaged reform of The Kingdom of Saudi Arabia‘s insolvency law Česká spořitelna, a.s. as majority lender within a club financing provided by two banks on all aspects of insolvency proceedings against JOB AIR Technic, Czech aircraft maintenance company, and on position of the client as agent and lender under the facilities agreement, as well as member of the creditors‘ committee of the debtor
LITIGATION PRACTICE Our litigation and dispute resolution practice is focused on contentious issues arising in a wide range of commercial contexts and comprises lawyers with extensive experience across every segment of the corporate, financial and real estate world. At Clifford Chance we understand the challenges of conducting international business and regard litigation as a manageable business risk. We are committed to resolving disputes as efficiently as possible, offering advice that is both practical and commercial as well as exploring alternative methods of dispute resolution. In recent years we have helped our clients to achieve success in some of the most high-profile domestic and cross-border disputes and we also believe we are ideally positioned to support our clients in disputes in the Czech Republic and internationally.
Recent client assignments include advising A major Czech steelmaking company in connec-
tion with a claim filed against it before the German courts. Komerční banka, a.s. on taking over legal representation of the client as secured creditor within insolvency related litigation which resulted in an infamous Superior Court Judgement of August 2014 relating to accessority of security and hardening periods under already ineffective Czech law. An international construction company in arbitration proceedings against the Road and Motorway Directorate of the Czech Republic (RMD), in connection with the performance of a future agreement on the purchase of land by RMD. An international rubber manufacturer on legal advice in relation to litigation with Synthesia, a.s.