DHC Capital acted as lead financial advisor and scheme manager to iflix Pte Ltd on the first “pre-packaged” scheme of arrangement in Singapore under Section 71 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) (“IRDA”).
“Don’t judge each day by the harvest you reap, but by the seeds that you plant”
-- Robert Louis Stevenson
What a year!
The COVID-19 pandemic continues to bring enormous challenges as we adapt to a new normal. Some countries have performed well with quick intervention and financial support to limit the number of infections and damage to the economy.
DHC Capital has been nominated as Chairman of the scheme meeting and to report the results of the scheme meeting to the Court for Pacific International Lines (Private) Limited (“PIL”) scheme of arrangement. Read on for PIL’s announcement on the commencement of the scheme of arrangement process and provision of fresh financing by a new investor.
DHC Capital has been nominated as Independent Assessor for KrisEnergy Ltd (SGX: SK3) scheme of arrangement. Read on for KrisEnergy’s announcement on the US$270 million debt restructuring via scheme of arrangement and nomination of DHC Capital Partner David Chew as Independent Assessor to review disputes in respect of the admission or rejection of proofs of debt filed by scheme creditors.
Read on for the next publication in our “Insights | Thought Leadership” series with the second edition of our “Guide to super priority rescue financing in Singapore”. The Guide summarises the legislative landscape under the new law and recent cases involving super priority rescue financing in Singapore, including Design Studio Group Ltd’s “roll-up” super priority rescue financing.
An engaging and insightful panel discussion on “Rescue Financing” at the Legal Era-Legal Media Group’s 5th Annual Insolvency Summit 2020 held on 21 October 2020.
David Chew has been approved by the Ministry of Law as a licensed Insolvency Practitioner in Singapore under Part 3 Division 3 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) (“IRDA”).
DHC Capital Partner David Chew will be speaking at a CA ANZ webinar on “Charting out a Career Path which is uniquely yours” on 22 September 2020.
Read on for the GRR article on Swee Hong receiving creditor approval for its scheme of arrangement, six months after a Court approved rescue financing with super-priority status.
An engaging and insightful panel discussion on “Rescue and Distress Financing – Seizing Opportunities for Lenders and White Knights” at the ALB Virtual Cross-border Debt Restructuring Forum 2020 held on 3 September 2020.
DHC Capital advised on the debt restructuring and proposed scheme of arrangement of Swee Hong Ltd (SGX: QF6). The creditors meeting was held virtually on 2 September 2020, at which the scheme creditors voted in favour of the proposed scheme of arrangement. DHC Capital Partner, David Chew acted as Chairman of the scheme meeting.
Read on for the GRR article on the Insolvency, Restructuring and Dissolution Act (“IRDA”), which is set to come into force on 30 July 2020.
Read on for the GRR article on Design Studio Group Ltd (SGX: D11) being granted approval for super-priority rescue financing, including over pre-petition debt that was incurred before filing for insolvency.
David Chew has been approved by the Accounting and Corporate Regulatory Authority (ACRA) as a Public Accountant in Singapore for the purpose of acting as a Judicial Manager.
DHC Capital supported iflix Ltd, a Malaysian head-quartered, South East Asian focused video streaming platform on the sale of assets including, content, technology and resources to Chinese tech giant Tencent Holdings Ltd (HK: 700).
Design Studio Group Ltd (SGX: D11) was granted Court approval for S$62 million super priority rescue financing pursuant to Section 211E(1)(b) of the Companies Act. The rescue financing shall have priority over the preferential debts specified in Section 328(1)(a) to (g) of the Companies Act, and all other unsecured debts. Read on for Design Studio Group’s announcement on the super priority rescue financing.
Read on for the DealStreetAsia article on the emerging opportunities for cash rich funds looking to deploy in Asia. We commented on the ways to participate as a distressed investor; investing in secondary debt or fulcrum security, distressed M&A or the acquisition of assets from distressed sellers, or participating as a rescue financier or providing loans on a super-priority basis. We also commented on the role of strategic investors and family offices in relation to distressed opportunities.
Read on for the Business Times article on the impact of COVID-19 and DHC Capital’s viewpoints on the impact of the virus fallout on companies. We highlighted the time lag and that the full impact of COVID-19 will only emerge once the support measures run out. We elaborate how a liquidity problem turns into a solvency problem for companies when there is a permanent change to earnings and cash flow if business sentiment does not pick up and the risk of loan impairments as debt becomes unsustainable. We also highlight distressed M&A as a possible solution for struggling companies.
Read on for the Business Times article on the restructuring landscape post COVID-19 and DHC Capital’s viewpoints on the current market landscape. We commented that the new measures under the COVID-19 Act protected directors and allows companies to continue to trade. We further commented that instead of restructuring, companies are exploring options in financing and they generally fall into 2 groups of companies. The first group of companies may simply require funding to extend their liquidity runway in the event that the Covid-19 pandemic lasts longer than anticipated. We are helping such companies to explore relief capital from alternative capital provides if their banks are unable or unwilling to provide new loans. The second group comprises companies that operate in industries that have been hit badly by COVID-19, such as retail, energy, entertainment, tourism and tech start up, where a liquidity problem becomes a solvency problem.
“We’re all in this together”
-- English proverb
We live in uncertain times as we adjust to a new economic and social landscape brought on by the global coronavirus (COVID-19) pandemic.
Read on for our next publication in our “Insights | Thought Leadership” series with a short form article titled “COVID-19: Key takeaways from Singapore’s COVID-19 (Temporary Measures) Bill”. The article summarises the new measures to existing insolvency laws to help companies get through these very difficult times.
Read on for GRR’s article on Singapore’s plans to temporarily relax insolvency-related obligations due to the coronavirus pandemic and DHC Capital’s viewpoints on the new measures.
Read on for GRR’s article on Capital World Ltd (SGX: 1D5) filing for restructuring proceedings in Singapore and Malaysia and the appointment of legal and financial advisors. DHC Capital has been appointed as independent financial advisor to Capital World Ltd to advise on the debt restructuring and scheme of arrangement.
Read on for our next publication in our “Insights | Thought Leadership” series with a short form article titled “COVID-19: Navigating a crisis”. The article identifies several key steps that corporates can immediately take to address the day to day operating challenges and availability of liquidity to get through these unprecedented times.
DHC Capital has been appointed as independent financial advisor to Capital World Ltd (SGX: 1D5) to advise on the debt restructuring and scheme of arrangement. Capital World Ltd applied to commence a Court supervised process to restructure its liabilities and to seek a moratorium against enforcement actions and legal proceedings by creditors pursuant to section 211B of the Companies Act. The Court granted the application for a moratorium for a period of 6 months. Read on for Capital World Ltd’s announcement on the moratorium.
Read on for the next publication in our “Insights | Thought Leadership” series with the first edition of our “Guide to super priority rescue financing in Singapore”. The Guide summarises the legislative landscape and recent cases involving super priority rescue financing in Singapore, including Swee Hong Ltd’s successful super priority rescue financing over unencumbered assets (the first in Singapore).
DHC Capital has been awarded Best Business Restructuring Firm 2020 - South East Asia at the 2020 Singapore Business Awards.
Read on for APAC Insider Magazine’s press release and list of award winners.
DHC Capital Partner David Chew will be speaking at Asian Legal Business Cross-border Debt Restructuring Forum on a panel titled “Rescue and Distress Financing – Seizing Opportunities for Lenders and White Knights” on 3 September 2020* in Singapore.
Read on for GRR’s article on Swee Hong Ltd (SGX: QF6) being granted Court approval for the second super priority rescue financing in Singapore; first involving super priority over assets not otherwise subject to any security interest. DHC Capital acted as independent financial advisor to Swee Hong Ltd on the super priority rescue financing and proposed scheme of arrangement.
DHC Capital Partner David Chew will be speaking at INSOL Cape Town on a panel titled “Developing a Rescue Finance Market – What Does it Take?” on 16 March 2020.