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A standstill agreement is a contract that contains provisions governing how a bidder of a company can buy, sell or vote shares of the target company. A standstill agreement can effectively delay or stop the hostile takeover process if the parties cannot negotiate a friendly agreement. As with standstill agreements, there is no “market-compliant” restructuring agreement. However, the terms of a restructuring may include an “interest holiday”, a reduction (or “debt reduction”), the conversion of debt into equity, or the introduction of a convertible loan that will reduce the company`s debt burden but reconcile the interests of creditors with shareholders in the long term. The restructuring agreement is likely to be the result of important negotiations. The borrower`s restructured liabilities should reflect the cash flows and other financial forecasts of the accountants investigating. The goal of any restructuring (sometimes called training) is to reorganize the debtor`s financial obligations so that he is able to repay his restructured debts and survive as a continuation. It is important to keep in mind that this is a consensual process and it is not a jurisdiction or other supervisory authority – so it is important that all creditors are involved. All negotiations between the debtor and the creditors concerned should be conducted in good faith, in an atmosphere of honesty and openness and with a view to finding a constructive solution to the debtor`s financial problems.

If one of the parties loses confidence that its counterparties are negotiating in good faith, negotiations for a constructive solution may fail, resulting in the creditors concerned resorting to their remedies for enforcement and/or commencement of insolvency proceedings. The Guernsey Act uses the doctrine of limitation, which is similar to the concept of limitation periods seen elsewhere. However, the limitation period completely extinguished the right to a right, unlike the limitation period, which gives an applicant access to a possible remedy. The question of whether a standstill agreement would be a means of granting statutory limitation periods is under discussion, but the parties generally accept that standstill agreements are applicable as a private contract. There is no doubt that out-of-court restructuring can help reduce pressure on the courts and may prove to be more efficient and effective than court proceedings due to shorter lead times and higher recovery rates. . . .

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