Practice Areas

Corporate Debt Restructuring

Rajani Associates advises its clients on the various aspects of corporate re-organisation / restructuring, debt restructuring and as well as insolvency law. Our Firm provides practical and customized legal solutions as per the requirements of its clients and what would best suit them our diverse clientele includes companies, merchant bankers, lenders, insolvency professionals, investors and directors.

Our team comprises of competent experienced lawyers who advise on schemes of arrangements/ amalgamations/ demergers, hiving offs (both onshore and offshore units) as well represent the clients before the High Courts, National Company Law Tribunals and other statutory/ regulatory authorities in this respect.

We also advise on the aspects of liquidation and winding up of companies and similar proceedings.

It is paramount to advise the client, based on their needs but within the framework of law, on viability of various restructuring options that may include the survival of the entity or its closing down, arriving at arrangement with its creditors or an acquisition or a merger. We always look to provide apt and comprehensive legal remedies to the clients which best suits their requirements and which most importantly upholds their commercial proposition.

The need for a corporate debt restructuring often arises when a company is going through severe financial crisis and is having difficulty in meeting its obligations to its lenders. If the condition of the company threatens its existence, it can negotiate with its creditors to reduce these burdens and increase its chances of avoiding bankruptcy.

With closure of various schemes available under various RBI policy such as CDR, SDR and S4A and greater emphasis on IBC proceedings alongwith other remedies available under RDDB Act or the SARFAESI. It is incumbent for the corporate borrowers and the lenders to timely evolve a restructuring plan suitable to all the parties.

We generally advise on the following aspects:

  • Understanding and assessing the client’s business model and future plans;
  • Advising on the overall restructuring plan;
  • Preparing and reviewing relevant documents required by the lenders to consider the restructuring plan, to ensure that the package conforms to the applicable laws;
  • Legal Diligence;
  • Analysing and reviewing existing debt and security documentation so as to prepare the borrower for negotiations or possible litigation;
  • Negotiations with creditors for settlements and restructuring;
  • Drafting of restructuring documents;
  • Amalgamation/ Demergers/ Take over/Acquisitions/ Liquidation/ Winding up;
  • Enforcing and implementing security mechanisms available pertaining DRT and SARFAESI;
  • Representational services before DRT, High Courts, NCLT, SEBI, RBI, etc.