Vol 19 (2022) - Issue 5

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The Meaning of Valuation in Dutch Share Pledge Enforcement Proceedings, the Dutch Scheme and Part 26(A) Plan Proceedings

Synopsis
This article summarises the latest developments regarding Dutch share pledge enforcement proceedings, especially the practice of credit bidding by a lender. It also discusses how the same result can be achieved using a Dutch scheme (also known under its Dutch acronym 'WHOA'), thereby implementing a reorganisation plan that basically consists of a debt-for-equity swap.
What kind of valuation principles apply and how they compare with the valuation standards under the UK scheme of arrangement and Part 26A restructuring plans forms the third part of this article. This article was written and finished in June 2022.