Our Energy Disputes Guide provides an excellent summary of what financial distress can mean for a company and some of the key issues for those running the business to bear in mind. These include:
• The importance of being aware of both actual and potential distress affecting the business portfolio and contracting counterparties;
• Gaining an understanding of the restructuring tools that are available to the business, ranging on a spectrum from consensual out-of-court restructurings or compromises all the way up to formal insolvency; and
• The importance of being aware of ‘insolvency event’ termination triggers in contracts with counterparties.
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