Impact of the amendment to the law on debt refinancing and debt restructuring

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BY : Diego GutiérrezApril Mon, 2014
investment, financingOn 7 March last, a series of measures were approved in relation to the refinancing and restructuring  debt. Among the measures introduced, we would like to analyse those that may have an impact on debt strategies. investment and sale of mortgage debt assets.


Syndicated loans

One of the main changes in this area is the need for a qualified majority (75%) to approve debt refinancing agreements. This avoids the blocking of minority positions with less than 25%.

This measure means that it is no longer possible to block other shareholders in the renegotiation process, but at the same time funds holding 75% or more have more flexibility.

Refinancing agreement

Refinancing agreements on deferral of payments for a period of not more than 5 years or conversion into participating loans, which are approved by 65% of the mortgage creditors, will bind the remaining 35%. If this figure reaches 80%, the remaining 20% may be obliged to accept agreements for debt capitalisation or debt cancellation.

This change makes it necessary to carry out a detailed analysis of a company's financial creditors when one is acquiring a syndicated debt ticket.

Bank of Spain

The Bank of Spain Act aims to incentivise Spanish banks to take measures to recapitalise their debts by classifying post-recapitalisation loans as "normal" if a company's business plan can allow for debt payments in the normal course of business. This reduces provisions for underperforming debts, once the debt has been restructured.

"In our view, these measures could encourage some Spanish banks to agree to recapitalisation solutions or to convert debt into equity loans, rather than selling their recovery rights at a hefty loss. We believe this could be applied immediately to hotel chains with operational business plans that are viable in the short term," analyses Diego Gutierrez.Abra Invest.

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