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White & Case China Newsletter
November 2009, China Newsletter
Christopher F. Corr, John C. Leary, Vivian Tsoi, Steve Payne, John Shum

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Business, Trade and Competition
  • Corporate
  • Finance
  • Tax
White & Case China Newsletter
October 2009, China Newsletter
John C. Leary, Vivian Tsoi, Steve Payne, Guan Feng Chen

Welcome to this month's issue of White & Case's China Newsletter, which covers China regulatory updates in the areas of:
  • Corporate
  • Finance
  • Tax
White & Case China Newsletter
September 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, Steve Payne

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Business, Trade and Competition
  • Finance
  • Tax
White & Case China Newsletter
July and August 2009, China Newsletter
Christopher F. Corr, John C. Leary, Vivian Tsoi, Steve Payne, Guan Feng Chen

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Business, Trade and Competition
  • Corporate
  • Finance
  • Tax
PDF UK Takeover Panel Practice Statement on Debt Syndication During Offer Periods
August 2009
Philip Broke

The UK Takeover Panel has recently issued a new Practice Statement entitled "Debt Syndication During Offer Periods" which imposes new duties on arrangers and potential lenders involved in the financing of a transaction subject to the Takeover Code.
PDF In Re Yellowstone Mountain Club LLC—The Pitfalls of "Equitable Subordination" for the Unwary Lender
June 4, 2009
Eric L. Berg, Alan Gover

A recent bankruptcy court ruling has captured attention by equitably subordinating a lender's secured claim, based on the nature of the lender's pre-bankruptcy conduct. The court's strong criticism of the lender suggests an application of lender liability theory from today's perspective to a transaction that took place before the credit crisis.
White & Case China Newsletter
June 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, John C. Leary, Xiaoming Li, Steve Payne, Vivian Tsoi

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Arbitration and Disputes
  • Business, Trade and Competition
  • Corporate
  • Finance
  • Tax
White & Case China Newsletter
May 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, John C. Leary, Xiaoming Li, Steve Payne, Vivian Tsoi

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of
  • Arbitration and Disputes
  • Corporate
  • Finance
  • Tax
White & Case China Newsletter
April 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, John C. Leary, Xiaoming Li, Steve Payne, Vivian Tsoi

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Arbitration and Disputes
  • Business, Trade and Competition
  • Finance
  • Tax
PDF PRC Pre-IPO Financings: What are the Exit Options?
March 2009
Baldwin Cheng

In the past few years many investors have provided pre-IPO loans to PRC businesses (mainly in the PRC real estate sector) through the offshore holding companies of those PRC businesses. This was driven by a number of market factors, such as (a) the low financing costs of borrowing US dollars offshore in comparison to borrowing onshore (and the appreciation of the RMB); (b) the attractive returns to the lenders in the event of a successful IPO (which were often equity-like); (c) the ample liquidity in the PRC debt and equity markets reducing the risk of an IPO failing to list by a specified date and (d) demand by companies in the PRC seeking funds to finance plans for rapid expansion in the booming economy and hot property market. The pre-IPO financings were structured to achieve equity-like returns through either the issuance of warrants or rights to acquire the shares at a pre-determined discount in the event that the borrower or an affiliate was listed on a stock exchange (usually on the Hong Kong or Singapore stock exchanges). However, given the current state of the equity markets, exit or loan repayment through IPOs seems unlikely in the near term and, at the same time, refinancing of these pre-IPO loans through the credit markets would also be a challenge given the ongoing credit crunch and a depressed property sector. As a result of these current market conditions, many of these pre-IPO financings are now under extreme stress.
PDF Enforcement of Margin Loans in Light of Recent Case Law
March 2009
Guan Feng Chen, John Hartley

A recent English High Court decision held that preliminary oral discussions between a lender and borrower relating to a margin call amounted to a legally binding oral contract restricting immediate enforcement of the lender's security. The Fluxo Case highlights the difficult position of lenders in enforcement scenarios trying to balance their desire to maintain customer relationships with the need to ensure that their rights of recourse against the borrower are not compromised.
White & Case China Newsletter
March 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, John C. Leary, Xiaoming Li, Steve Payne, Vivian Tsoi

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of
  • Arbitration and Disputes
  • Business, Trade and Competition
  • Corporate
  • Finance
  • Tax
White & Case China Newsletter
February 2009, China Newsletter

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Arbitration and Disputes
  • Business, Trade and Competition
  • Corporate
  • Finance
  • Tax
PDF China Finance Bulletin
January 2009, China Newsletter
Steve Payne, Guan Feng Chen

  • Shanghai, Beijing and Shenzhen banks one step closer to M&A lending
  • CBRC sets up office to coordinate efforts with the Supreme People’s Court in the enforcement of financial claims of financial institutions
  • CBRC adjusts part of its credit supervision policy to promote economic development
  • PBOC and HKMA sign currency swap agreement
  • SAFE improves the administration of registration of foreign debts of enterprises arising through trading of goods
White & Case China Newsletter
January 2009, China Newsletter
Guan Feng Chen, Christopher F. Corr, John C. Leary, Steve Payne, Vivian Tsoi

Welcome to this month's issue of White & Case's China newsletter, which covers China regulatory updates in the areas of:
  • Corporate
  • Finance
  • Business, Trade and Competition
  • Tax