Blasco SchneiderLegal & Corporate Counsel
Home›Lawyers›Financial Distress, Restructuring and Insolvency›Designing Security for Debt Restructuring Agreements

Designing Security for Debt Restructuring Agreements

In a financial crisis, acting early changes the options available to companies and creditors. A restructuring guarantee should have practical value if the debtor defaults on the new schedule.

What to keep in mind

Define secured obligations, guarantor capacity, collateral, ranking, registration, enforcement conditions and releases.

Nominal security can prove ineffective if it is poorly documented or subordinated.

Distinctions often confused

A promise to pay is different from an enforceable personal or proprietary security interest.

Frequently asked questions

Can new collateral be granted during debt renegotiation?
Potentially, subject to insolvency risks, priority and statutory requirements.
Should the guarantee cover interest and enforcement costs?
Its exact scope should be stated clearly and lawfully.

Informational content. It is not a substitute for professional advice.