panel: where are the distressed assets and what to do when we find them? minsk 25 june 2010

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Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

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Page 1: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Panel: Where are the distressed assets and what to do when we find them?

Minsk 25 June 2010

Page 2: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Jan Kohout, PRK Partners

[email protected]

Page 3: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Over 100 attorneys located across the Czech Republic, Hungary and Slovakia in Prague, Bratislava, Budapest and Ostrava

• Extensive experience serving multinational, international and domestic clients

• Business-oriented, flexible, proactive and efficient services with high added value and an emphasis placed on cost optimisation

• 7 languages – Czech, Slovak, English, Hungarian, German, French and Russian

• PRK Partners is a member of a number of professional associations such as Lex Mundi, Ius Laboris and the Loan Market Association

PRK Partners

Page 4: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Chambers Europe Awards for Excellence 2010– PRK Partners was named Czech Republic National Law Firm of the Year

• Czech Law Firm of the Year 2009– PRK Partners took first place in the category “Banking and Finance”

• Deal of the Year 2009 – The Banker– The European region took first place in the equity category with NEW

WORLD RESOURCES INITIAL PUBLIC OFFERING, legal assistance provided by PRK Partners under the leadership of Martin Aschenbrenner

Recent achievements

Page 5: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Industries where distressed assets may be found

• Potential limitations

• Legal instruments for acquiring distressed assets

Bullet point agenda:

Page 6: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Industrial and Manufacturing– Automotive– Glassworks– Heavy Industry

• Real Estate• Hotel and Leisure Industry • Construction• Transport and Logistics• Wholesale / Retail

Industries where distressed assets may be found

Page 7: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Source: http://web.creditreform.cz/cs/content/press/information/index.jsp

2008 2009 2010

wholesale 569 818 213

retail 471 748 198

construction 308 478 152

corporate consulting, advertising, other corporate ser-vices

330 465 82

real estate 154 298 71

hotel and leisure industry 143 187 61

transport services 115 200 58

metal manufacturing 81 173 51

wood-cutting 67 110 36

engineering 126 74 23

100300500700900

Insolvency Proceedings Breakdown by Industries 2008 - 2010

Page 8: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Limitations imposed on the owner– Pending or threatened insolvency / bankruptcy proceedings– Rights of third parties over the assets– Coordination with secured creditors and others

• Project finance– Goals to be achieved

• Corporate restructuring– Goals to be achieved

Potential limitations

Page 9: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

2008 2009 2010 total0

5

10

15

20

25

30

6

16

4

26

0 02 2

0 0

3 3

Corporate restructuring

approved restructuringcompleted restructuringtransformation into bankruptcy

Source: http://web.creditreform.cz/cs/content/press/information/index.jsp

Page 10: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

• Direct sale– Owner’s sale

• Pros & Cons– Administrator’s sale

• Pros & Cons

• Auctions– Initiated by the owner

• Pros & Cons– Initiated by administrator / secured creditor

• Pros & Cons

Legal instruments for acquiring distressed assets

Page 11: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Source: http://www.centralniadresa.cz/cadr/

2008 2009 20100

500

1000

1500

2000

2500

3000

24552309

1722

2160

1913

1278

295396 444

2058

1875

1491

397 434

231

Auction statistics

total of all auctionssubtotal of consensual auctionssubtotal of forced auctionssubtotal of nonrepeated auctionssubtotal of repeated auctions

Page 12: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Thank you for your attention

Page 13: Panel: Where are the distressed assets and what to do when we find them? Minsk 25 June 2010

Contacts

HUNGARY

Fabry Law Office, Orló u. 8.I/7., 1026 BudapestTel: +36 - 307 400 445Fax: +361 - 354 0125E-mail: [email protected]

SLOVAKIA

Gorkého 3, 811 01 BratislavaTel: +421 - 259 241 180Fax: +421 - 254 432 733E-mail: [email protected]

CZECH REPUBLIC

Jáchymova 2, 110 00 Prague 1Tel: +420 - 221 430 111Fax: +420 - 224 235 450E-mail: [email protected]

CZECH REPUBLIC

Stodolní 3, 702 00 Ostrava 1Tel: +420 - 558 272 505Fax: +420 - 569 112 306E-mail: [email protected]

PRK [email protected]