Minority Oppression in UK Law
- Myers v Kestrel The Limits Of The Doctrine Of Minority Oppression
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Myers v Kestrel The Limits Of The Doctrine Of Minority
... ... This Client Alert highlights some recent key case law relating to the protection of dissenting creditors using the doctrine of minority oppression. It also discusses a more recent case, where a judge declined to use this doctrine ... This Client Alert highlights some recent key case law ... ...
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Bond Consent Solicitation Payments - Court of Appeal Upholds Judgment in Azevedo & Another v Imcopa
In summer 2012, two important judgments were handed down on cases relating to bond consent solicitations. Although the consent solicitation techniques proposed by the debtor companies in each case ...... ... in a class are given power to bind minorities and added that oppression of a minority is of the essence of exit consent of this kind, and it is ... ...
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Amending Drag-Along Rights In A Company's Articles
... ... These arise because the power of the majority to bind a minority will not, without clear words, be taken to have been intended to be ... shareholders or some of them, provided "it does not amount to oppression of the minority or is otherwise unjust or outside the scope of the power" ... ...
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"Rewards and Penalties in Bond Covenant Consent Solicitations Under English Law"
Two recent cases decided in the English High Court provide contrasting views about rewards offered to holders who vote in favor of amendments to the terms of bonds or loan notes (we will refer to “...... ... threat which the issuer invites the majority to levy against the minority, nothing more or less. Its only function is the intimidation of a ... ” He went on to say “Putting it as succinctly as I can, oppression of the minority is of the essence of exit consents, and it is precisely ... ...
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Debt Capital Markets Liability Management Alternatives
The type of liability management exercise that is right for an issuer will depend on what commercial objective it is trying to achieve (see the ”Best Suited For” rows in this Quick Guide). De...... ... obligations to treat bondholders equally andnot oppress the minority; • how they propose to deal with their US bondholders and the ... that the terms of the proposed exit consent do not constitute oppression or intimidation of the minority Assenagon Asset Management SA v ... ...
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The Cooperative Bank’s Restructuring – will this be a case of lessons learned?
The UK’s bank regulatory and insolvency law structures were unprepared for the global financial crisis. As a result, the UK government’s response to intense bank stress in the immediate aftermath o...... ... in a class are given power to bind minorities and added that oppression of a minority is of the essence of exit consent of this kind, and it is ... ...
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UK Corporate Briefing: Issue 2 - Summer 2015
... ... These arise because the power of the majority to bind a minority will not, without clear words, be taken to have been intended to be ... shareholders or some of them, provided "it does not amount to oppression of the minority or is otherwise unjust or outside the scope of the power" ... ...
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UK Corporate Briefing - Summer 2015
Legislation update - Bearer shares banned - The first of the corporate transparency provisions in the Small Business, Enterprise and Employment Act 2015 came into force on 26 May 2015 wi...... ... These arise because the power of the majority to bind a minority will not, without clear words, be taken to have been intended to be ... shareholders or some of them, provided "it does not amount to oppression of the minority or is otherwise unjust or outside the scope of the power" ... ...
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Dior Savaged For Cultural Appropriation
... ... An advertiser wants to make reference to a minority group and therefore consults with people who purport to be representatives ... altogether, particularly of groups that have faced centuries of oppression ... The content of this article is intended to provide a general guide ... ...
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