FIVELEX has significant experience in advising clients in transactions related to non-performing loans (NPLs) and unlikely-to-pay (UTP) positions.

In particular, FIVELEX provides assistance on sales and purchases of non-performing loans to financial institutions, including in the context of company turnarounds, and on agreements with shareholders and management.

FIVELEX’s comprehensive experience in debt restructuring and insolvency management enables the professionals at FIVELEX to identify and anticipate any sensitive issues, including in the area of bankruptcy law, and to design structures and to draft contracts that provide their clients with maximum protection, while keeping constantly abreast of developments in the legislative and supervisory framework.

The advice provided by FIVELEX in this area reflects both market practice and the particular characteristics of each portfolio or asset, along with the client’s business goals, and extends to:

• counsel in transaction structuring phases, including any regulatory and due diligence aspects relating to the portfolio or individual assets;
• drafting of procedure and tender/auction letters;
• drafting of binding and non-binding offer letters;
• drafting and negotiation of purchase and sale agreements.