Acting for Rabobank on the collection of a receivable, pledged in its favour. In court proceeding in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed against the objection in first instance and in appeal.
Acting as legal counsel of a Japanese listed company (net sales of approx. € 1.9 billion) in order to avoid the requested reopening of the liquidation of one of its Dutch subsidiaries.
Acting as a legal counsel of the municipality of Enschede in its capacity as creditor of the professional football club FC Twente, who initiated a restructuring plan in order to restore the long-term viability of the club.
Acting for European Care Residences and Resorts (ECR) (over 500 employees) on its restructuring and on the integration of its care and hospitality facilities into Blueprint Group.
Assisting Dutch retail chain Men at Work in the run off and divestment of its (60) stores, its HQ, the stock and brands.
Assisting the Austrian family owned AMST, a soft- and hardware development company for the aviation industry, in acquiring the Simteq simulator and software business and technology for the Boeing 737 and Airbus A320 out of insolvency.
Assisting a group of funds with an interest in the Revolving Credit Facility of EUR 750.000.000,- provided to Hemisphere International Properties B.V., holding approx. EUR 1,1 billion real estate for Steinhoff International Holding N.V., a South-African multibillion retail group in distress.
Defending Baars Beheer, an offshore and industrial company active in construction, lease and sale of containerpontoons and splithopper barges based in Sliedrecht, in a dispute before the Enterprise Chamber. All charges were denied and the company’s counterpetition to intervene in the supervisory board has been awarded.
Acting first as a receiver and subsequently as a Court appointed bankruptcy Trustee in the wind down of Pyroban Benelux B.V., the Dutch part of a former Catterpillar business line offering explosion protection engine kits and components to engine OEMs and packagers in the oilfield markets.
Assisting Varova Fashion Group (110 stores, 1500 people employed, EUR 140.000.000,- revenue p/a) and Standard Investment (as a shareholder) in negotiating an Amendment and Restatement relating to a Loan Facility Agreement with senior credit provider HIG WhiteHorse. Varova focusses now on its most successful brands Sissy Boy, Open 32 & Tumble ’n Dry. For some news click here.
Defending Telor International Limited, the majority shareholder in Echo Pharmaceuticals B.V., active in production and development of cannabinoids in the therapeutic area, in a shareholders dispute before the Enterprise Chamber. All charges were denied. Furthermore, the Enterprise Chamber held that there are sufficient grounds to question the conduct of the petitioning shareholder, which would merit an investigation into this conduct, as we had argued on behalf of Telor. However, the Court does not open such an investigation in Echo’s interest. For the Court's decision from 23 February 2018 click here.
Representing the CRO before the Enterprise Chamber in a corporate dispute around the restructuring of VADA, a metal recycling business. All charges denied. For the Court decision click here.
Advising the board of Profireal Group SE on certain accounting matters. Profireal Group is a multinational company providing credit and financing services in Central and Eastern Europe with consolidated assets of approximately € 400 million.
Acting as the bankruptcy trustee of Mr G. Kan, accused to be involved in a fraud scheme involving the Municipality of Rotterdam concerning the political sensitive Rotterdam Waterfront Project.
Advising the shareholders of Flextra Group on the group’s restructuring and the subsequent buy-out. Flextra is a temporary employment agency in the construction sector with approximately 1500 employees.
Acting for management and owners of Verkerk Groep (technical installations) in securing continuity by selling the business to the French multinational Vinci Energies.
Acting for a passenger transport organisation with an annual turnover of approx. € 120 million in relation to it's bank and the wind up of an unfortunate foreign investment.
Assisting in the restructuring and refinancing of a heavy lifting and heavy shipping business.
Assisting the management of education administrator office Vizyr (serving 400 schools and 8000 teachers/educational employees) trying to resolve the cancellation of a commercial contract with its main customer.
Acting as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests in a successful business mediation with the administrators of the training school.
Acting as court appointed bankruptcy trustee of the Dutch part of Fontijne Grotnes group, one of the world’s leading innovative equipment manufacturers with headquarters in Vlaardingen. Fontijne has facilities in Vlaardingen, the Netherlands and in Niles, Michigan, USA and regional sales and service offices in China, Korea, Japan, India and Russia.
Advising on the group restructuring and subsequent equity participation in a shipyard.
Acting for a family owned retail chain in relation to a participation in the company by a private equity owned foreign strategic investor.
Acting as Dutch counsel for (several parts of) a financial institution holding substantial amounts of the fixed rate bearer notes issued by PTIF BV and guaranteed by Oi S.A. under their EUR 7,500,000,000.00 Euro Medium Term Note Programme.
Assisting management in both the turnaround and the balance sheet restructuring of Cleanlease, a group of companies active in rental and cleaning of linens and clothing, with an annual turnover of over EUR 130,000,000,-. The assignment encompassed protecting the secured refinancing against an injunction before the Enterprise Division of the Amsterdam Court of Appeal; for the decision click here.
Acting as a court-appointed director of the Centre for the development of logistics and transport in Europe (CETLE), a foundation involved in EU-supported transport related projects.
Acting as bankruptcy trustee of the MS Megan-C, a EUR 20 million 9,530 tonne (DWT) multipurpose vessel, built in 2011 and registered on the Isle of Man.
Acting for Coface and Glencore Grain in relation to (the bankruptcy of) Abengoa Bioenergy Netherlands B.V., a large bio ethanol producer as part of the Abengoa Group, a Spanish multinational.
Acting for the municipality Enschede in the rescue of premier division football club FC Twente, and for the municipality of Venlo in the refinancing of second division football club VVV Venlo.
Acting as counsel to Great American in its tender for the wind-up of V&D and Macintosh.
Acting as bankruptcy trustee of VLM Nederland B.V., a flight crew entity employing 75 people flying VLM.
Acting as defense counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.
Acting as one of the bankruptcy trustees over Rijnmond Energy, an 820 megawatt and EUR 0,5 billion base load power plant in the Rotterdam area.
Acting for a general hospital (annual turnover > EUR 300.000.000,-) in the structuring of optimizing its private initiatives, both from a tax and governance perspective.
Acting on behalf of De Viersprong, a highly specialised mental healthcare institute (GGZ) employing over 300 people, in its successful standstill and turnaround negotiations with its financiers, institutional creditors, the WFZ (healthcare guarantee sector fund) and the relevant health care insurers.
Acting for Great American in the winning offering for the bankrupted Schoenenreus business.
Acted for Alteri in the bidding process of the bankrupted retailer Mexx.
Acted as envisaged bankruptcy trustee/prepack administrator for healthcare institute STMG (3000 people employed), contributing to its entirely solvent liquidation and divestment process in four months time.
Appointed trustee of OW Bunker and OW Global Trading, two OW Bunker subsidiaries with an annual turnover of EUR 1.5 billion on an annual basis. OW Bunker is one of the world's biggest players in oil bunkering.
Acted for the lessor and owners of bankrupted Nedstaal, one of the world’s leading production facilities of steel and ball bearings for the automotive manufacturing industry.
Acted for an educational institute in addressing some fundamental strategic issues.
Acted as silent trustee over a financially regulated company active in the leisure industry seeing to its refinancing over the foreseeable future.
Advised an ad hoc committee of bondholders on Dutch law aspects of an international restructuring.
Engaged in assisting an initiative of parents successfully restarting a failed yet unique day care centre, being the oldest one in Rotterdam.
Acted on a pro bono basis in helping an employees' initiative in restarting an iconic Rotterdam book store named 'Donner'.
Acted as trustees in bankruptcy of KPNQwest N.V. in a law suit against Qwest, KPN and certain directors of KPNQwest. The law suit was settled for EUR 260.000.000,- possibly the largest directors and officers liability settlement on Dutch territory till today.
Acted in a bond restructuring for the management of a Dutch holding company of a power electronics and PV inverter manufacturer.
Acting as co trustee in the restart of lingery brand Marlies Dekkers.
Acted for a privately owned outplacement and re-employment company on loan term negotiations with its lenders.
Advised a global player in the oil and chemical services industry, successfully steering the company clear of insolvency.
Advised the shareholders of a biogas plant on the various restructuring options for the company.
Assisted High Speed Alliance and Dutch National Railways in reaching a temporary replacement for the Fyra line to Brussels.
Assisted Allianz in reaching a settlement of an international (Canadian) litigation involving a Dutch insolvent insured party.
Advising NedCar, in its successful rescue through a deal with BMW and VDL.
Advising TBI Holdings on supply issues caused by the insolvency of a subcontractor of one of its business units.
Acting for the Dutch part of the US Chapter 11 restructuring of US based ATP Oil & Gas.
Acting for the management of Pink & Nelson in the successful governance stabilisation of its business.
Acting as lead counsel for TBI Holdings, a major Dutch construction company, in the successful acquisition of a mid-size bankrupted building company Groothuis.
Acted for the Dutch National Railways in the restructuring of the HSL-Zuid (high speed) activities.
Acting as counsel to a listed Dutch multinational active in the field of nutritional supplements in assuring the continuity of the services of one of its key suppliers.
Acting as bankruptcy trustee in the liquidation of Atta Makelaardij, historically one of the larger regional real estate agents.
Acting for Pan-Invest as the management of the Dutch holdco in the restructuring of a large Romanian Real Estate Fund.
Acting for the management of the Dutch finance company of Q-Cells in the restructuring (and sale) of the German solar energy equipment producer Q-Cells SE.
Acting as Dutch counsel to the facility agent of the real estate fund holding parts of the Karstadt Quelle real estate.
Acting for Gemeente Amsterdam in solving the issues for Stedelijk Museum after the bankruptcy of building company Midreth.
Acting as liquidator in the solvent liquidation of the holding companies of one of the largest Spanish cooperative firms.