Title: Schemes of arrangement /
Authors: Dharmananda, Kanaga.; Papamatheos, Anthony.; Koshy, John.
Publisher: Federation Press,
Year: 2010
Subjects: Consolidation and merger of corporations Law and legislation Australia.; Corporate reorganizations Australia.
Abstract: "Schemes of Arrangement is a practical examination of the legal and commercial aspects of schemes of arrangement, for corporate restructuring in mergers and acquisitions and insolvency scenarios. All aspects of the scheme of arrangement are covered. In the mergers and acquisitions context, practical issues covered include the preparation of scheme documentation, the determination of classes, requirements for first and second court hearings, practical observance of s.411(17), valuations, and matters arising from the Corporations and Markets Advisory Committee's report from December 2009. In the insolvency setting, there is discussion of matters arising from the recent insolvencies of Sons of Gwalia, Opes Prime, Lehman Brothers and Lift Capital. Schemes of Arrangement includes a list summarising all schemes of arrangement in Australia between 2004 and 2010, referring to the court approval decisions from each hearing. A check list for a scheme of arrangement in a mergers and acquisitions context is also included."--Publisher's website.
Contents: The rise and rise of schemes of arrangement / Kanaga Dharmananda, John Koshy and Anthony Papamatheos -- 2. Some commercial observations on schemes of arrangement as we enter 'the 2010s' / Justin Mannolini -- 3. Some commercial observations on schemes of arrangement as we enter 'the 2010s' -- A commentary / Raymond da Silva Rosa -- 4. Difficult issues in drafting and implementing Merger and acquisitions scheme documents / Michael Lishman -- 5. Difficult issues in drafting and implementing Merger and acquisitions scheme documents -- A commentary / Nigel Hunt -- 6. Commercial considerations and approaches to successful reconstructions and creditors' schemes / Andrew Saker -- 7. Legal solutions to commercial concerns -- creditors' schemes of arrangement / Richard Douglas -- 8. Difficult issues in creditors' schemes / Konrad de Kerloy -- 9. Difficult issues in creditors' schemes -- A commentary / Kim Reid -- 10. Experts' reports -- getting it right / Sherif Andrawes -- 10. The two court hearings and managing meetings / Malcolm Oakes -- Appendices: Basic checklist for members' scheme -- Schemes of Arrangement in Australia (January 2006 to February 2010).