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UK Restructuring Ruling Impact for Guarantors and Landlords

The UK High Court has ruled the obligations of third party guarantors are not affected by a part 26A restructuring plan being sanctioned in respect of the underlying obligations. This ruling is good news for landlords as their recourse to guarantors is preserved.

Restructuring Plan Does Not Relieve 3rd Party Payment Obligation

In Oceanfill Limited v Nuffield Health Wellbeing Limited and Cannons Group, UK court ruled a guarantor makes payment under the guarantee, it may be entitled to seek recovery from the tenant based on its rights of subrogation even in the case of restructuring.

Sanctioned: Virgin Active s Restructuring Plans - Insolvency/Bankruptcy/Re-structuring

Overview On 12 May 2021, the High Court sanctioned three inter-conditional restructuring plans, under the Part 26A of the Companies Act 2006, for certain English subsidiaries of the Virgin Active group, despite major opposition of certain landlords. 1 In the landmark decision, the High Court exercised its discretion to cram-down multiple classes of dissenting landlords in each plan, compromising their claims. This client alert is relevant to disrupted, stressed, and distressed companies, as well as their directors and creditors, including landlords. Key takeaways 1. Valuation: the restructuring plan procedure will not be undermined by lengthy valuation disputes. A desktop valuation may be used to value a plan company there is no

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