The awareness that reorganization efforts, but also ordered liquidation, of distressed companies require the provision of new finance or the maintenance of current credit lines led the Italian legal system to abandon punitive solutions of the original bankruptcy law and to prescribe concessionary and even incentive rules. The new legislation distinguishes between three types of financing linked to the plans of arrangement with creditors or to the debt restructuring agreements: the bridge financing, interim financing and executive funding. And for each type requires special conditions, compliance with which is necessary for the lender may enjoy the benefits of “prededucibilità credit” over other creditors in case of bankruptcy funded entrepreneur's insolvency.
Fortunato, S. (2016). Considerazioni sul finanziamento alle imprese in crisi, in Giur. Comm., 2016,I, 587 ss. GIURISPRUDENZA COMMERCIALE(5), 587.
Considerazioni sul finanziamento alle imprese in crisi, in Giur. Comm., 2016,I, 587 ss.
FORTUNATO, SABINO
2016-01-01
Abstract
The awareness that reorganization efforts, but also ordered liquidation, of distressed companies require the provision of new finance or the maintenance of current credit lines led the Italian legal system to abandon punitive solutions of the original bankruptcy law and to prescribe concessionary and even incentive rules. The new legislation distinguishes between three types of financing linked to the plans of arrangement with creditors or to the debt restructuring agreements: the bridge financing, interim financing and executive funding. And for each type requires special conditions, compliance with which is necessary for the lender may enjoy the benefits of “prededucibilità credit” over other creditors in case of bankruptcy funded entrepreneur's insolvency.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
