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Client Alert July 20, 2023

Creditors Should Enforce PRC Keepwell Agreements Overseas

  • Many Chinese debt issuers are still undergoing a wave of defaults, putting offshore general unsecured creditors at risk.
  • One way to secure substantial recovery is to enforce keepwell agreements, promises by a PRC onshore parent company to maintain a debt issuer’s liquidity and solvency.
  • This can expand the range of enforcement targets, increasing creditors’ options and chances of success.

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Client Alert February 28, 2023

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

  • In Chapter 11 bankruptcy cases where the chances of recovery seem slim, global unsecured creditors may have to get creative and look outside the U.S. to improve their prospects.
  • Assets in the People’s Republic of China (PRC) – the world’s second largest economy – offers a surprising source of asset recovery opportunities.
  • We explain how creditors can unlock value in China and maximize their recovery.

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Client Alert January 26, 2022

Looking to Enforce a PRC “Keepwell Agreement”? Look Outside the PRC

  • Mainland China is undergoing a wave of credit defaults, and creditors should use every tool available to maximize recovery.
  • Keepwell agreements, a promise by a PRC onshore parent company to maintain an offshore debt issuer’s solvency, is one option for overseas enforcement.
  • Creditors can use them to launch a multijurisdictional recovery campaign to drive up pressure on the debtor and reach a near-term settlement.

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Client Alert May 30, 2019

Don’t Overlook China in Difficult Chapter 11 Asset Recovery Efforts

  • In U.S. Chapter 11 cases (especially those involving unsecured creditors), non-traditional asset sources often offer the best hope of recovery.
  • Assets based in China can present surprising asset recovery opportunities for U.S. creditor committees.
  • There is a range of options at a committee's disposal to unlock value from claims against PRC entities, and experience, creativity and local support on both sides of the Pacific are essential to securing monetization.

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