The Art of the Ad Hoc - Edition 2

With changes in credit markets, traditional steering committees, now seen as too slow and unwieldy, have fallen from favour in restructurings. Enter the ad hoc committee. They take less time to set up, are more flexible and can achieve better results. To quote our introduction, ‘ad hoc committees now rule the restructuring world’.

Understanding the rules that govern such committees and their inner workings is therefore essential. The Art of the Ad Hoc has all the answers. In plain English, it provides a comprehensive guide on how to work successfully with these committees, an activity that Judge James M Peck says in the introduction is rightly described as ‘an art’.

The Art of the Ad Hoc draws on the collective wisdom and real-life experiences of 32 distinguished practitioners from 14 different firms to cover every angle and perspective – particularly those of committee members and debtors. It is an essential desktop reference work.

Chapters

Introduction
James M Peck
Morrison & Foerster LLP

PART I: FORMATION AND ORGANISATION OF AN AD HOC COMMITTEE IN A RESTRUCTURING

The Role and Purpose of an Ad Hoc Committee from the Debtor’s Perspective
Kon Asimacopoulos and Kai Zeng
Kirkland & Ellis

 The Role and Purpose of an Ad Hoc Committee from the Perspective of Creditors
Jacqueline Ingram and Sarah Levin
Milbank LLP

 Selection and Organisation of Members and the Process of Formation

Yen Sum and James Hollingshead
Latham & Watkins LLP

 Regulation and Structure of an Ad Hoc Committee
Natasha Harrison, Fiona Huntriss and Nick Turvey
Boies Schiller Flexner (UK) LLP

PART II: ACTIVITIES AND THE POWER OF AN AD HOC COMMITTEE

Managing the Relationships Between Members
Christopher J Howard
Sullivan & Cromwell LLP

A Comparison of an Ad Hoc Committee and Official Committee Under Insolvency and Other Laws in England and the United States
Nick Angel, Nicole Stephansen and Kate Colman
Milbank LLP

 Advising an Ad Hoc Committee
Howard Morris and Sonya Van de Graaff
Morrison & Foerster

 Contracting with an Ad Hoc Committee
David Wallace and Hugo Bowkett
Latham & Watkins LLP

 Ad Hoc Committees, Trustees and Agent Banks: Relationship, Liabilities and Indemnities
Monika Lorenzo-Perez and Sabina Khan
Brown Rudnick LLP

PART III: TRADING BY MEMBERS OF AN AD HOC COMMITTEE

The Loan Market Association Transparency Guidelines
Ross Miller
Simmons & Simmons LLP

 The Insider/Outsider Conundrum
Ross Miller and Alex Ainley
Simmons & Simmons LLP

 Practical Considerations for Secondary Loan Trades
Ross Miller
Simmons & Simmons LLP

PART IV EUROPEAN DEVELOPMENTS

The Dutch Scheme of Arrangement
Vincent Vroom and Loek Kerstens
Loyens & Loeff N.V

PART V GLOBAL DEVELOPMENTS

The US Perspective
Timothy W Walsh and Natalie A Rowles
McDermott Will & Emery LLP

 Singapore
Smitha Menon, Clayton Chong and Muhammed Ismail Noordin
WongPartnership LLP

PART VI CASE STUDIES

The Oi Judicial Restructuring
Herbert Morgenstern Kugler
Thomaz Bastos, Waisberg, Kurzweil Advogados

Ocean Rig
Tony Heaver-Wren and David Bulley
Appleby