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Restructuring & Insolvency

Through commercial awareness, creative thinking, and practical legal advice, our lawyers help companies in distress or their stakeholders find a path back to recovery. The expertise of Mocanu si Asociatii team ranges from successfully rebutting the presumption of insolvency and out-of-court arrangements to complex cross-border restructuring projects, involving advice on sale of assets or mergers and acquisitions of troubled companies. Our expertise covers the following:

? Legal assistance and advice in all procedures pertaining to Law no. 85/2014 (on insolvency prevention procedure and insolvency/bankruptcy proceedings)

? Legal assistance and advice in connection with distressed financing and rescheduling, as well as in connection with distressed sales and acquisition of assets

? Legal assistance in debtor-in-possession

? Legal assistance and representation throughout the reorganization of distressed companies

? Legal advice and representation in connection with restructuring and insolvency dispute mediations and litigations.

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DEALS

Advising and representing an important general contracting company from Middle East in connection with its participation in the privatization process of the largest Romanian manufacturer of power transformers and rotating electrical machines (listed company) and carrying out all activities for closing the acquisition of the majority shareholding in the privatized company, the transaction value being of approximately EUR 90mn; providing legal advice and representation in the post-privatization phase in connection with the day-to-day activities of the privatized company (i.e. share capital increases and decreases, participating in joint-ventures, creating encumbrances, post-privatization assistance), including in connection with the restructuring of the privatized company (drafting the reorganization plan; providing legal advice and representation in the relationship with the labor unions; advising on the outsourcing and/or the divestiture of certain activities performed by the privatized company, including for drafting and negotiation the transaction documents; providing legal advice in connection with the procedures aimed at settling the arrears of the privatized company and in connection with the litigations brought by the National Agency for Fiscal Administration)

Advising and representing a local provider of health care services in connection with its day-to-day activities, including in connection with the regulations applicable in the health care sector

Advising and representing one of the largest Romanian importer and distributor of medicines in litigations deriving from the insolvency of certain of its clients, including representation of the client in the creditors meeting, assistance in drafting procedural deeds, assistance in challenging the valuation report and the resolution of the creditors meeting

Advising the Romanian salt mining and processing company in connection with its day-to-day activities, including in connection with complex transactions (i.e. preparing the company for privatization-restructuring-reorganization, the execution of asset deals)

Advising and representing the largest Indian manufacturer of seamless pipes in connection with its participation to the open outcry auction organized in the liquidation procedure of the largest Romanian manufacturer of oil pipes, the transaction value amounting to EUR 43mn

Advising and representing a governmental authority throughout the whole procedure regarding the dissolution and voluntary liquidation of five companies operating in the chemical field, by drafting the reorganization related documentation, by assisting the appointed liquidator, by advising on the sale of assets related procedures, and by attending the negotiations of the transactions documentation

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