Fort Advocaten

Corporate & Financing

The lawyers in our Corporate & Financing practice group assist business owners, investors and other stakeholders in all areas of lending and financing. We have particular expertise in the fields of cancellation of credit, the (imminent) realisation of security, such as a pledge, mortgage, suretyship, bank guarantee or other guarantees, and the supervision

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of refinancing and restructuring operations. With our large insolvency practice and broad litigation experience, we are ideally equipped to assist you in the event of problems with banks and other lenders. We take a pragmatic and purposeful approach, using effective legal remedies and other instruments if necessary.

Track record

In close cooperation with Goodwin Procter, LLP, Fort Advocaten N.V. recently advised Gibson Brands, Inc, and its Dutch subsidiary, in connection with a private placement of $150 million in aggregate principal amount of senior secured notes. The net proceeds from the offering will be used for the purchase of WOOX Innovations, Ltd, from Royal Philips N.V.’s for $135 million and a seven year brand license fee.

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WOOX Innovations, headquartered in Hong Kong with 1,900 employees worldwide, is Philips’ audio, video, multimedia and accessories business.
Advisors Gibson Brands, Inc.: Fort Advocaten N.V. (Berth Brouwer, Terry Steffens and Wies Janssen) and Goodwin Procter LLP
Advisors note holders: White & Case
BranchegroepBank & Financieringen

Areas of Expertise

FORT’s Corporate & Financing practice group advises in the following fields, among others:

• Cancellation of credit
• Restructuring
• Refinancing
• Sale of security provided (or challenging such sale)

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• Pledge and mortgage
• Suretyship
• Bank and other guarantees
• Recourse
• Group financing
• “Section 403” issues

• Assisting an international company in warding off the immediate consequences of cancellation of credit and in refinancing the business.

• Assisting a company in challenging a wrongly revoked bank guarantee.

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• Negotiating a rescue plan with the lending bank on behalf of an investor and thereby arriving at an acceptable and clear-cut distribution of risks.

• Taking action against a bank on the grounds of failure to perform its financing obligation.

• Opposing a bank’s demand to provide additional security.• Negotiating a rescue plan with the lending bank on behalf of an investor and thereby arriving at an acceptable and clear-cut distribution of risks.

• Taking action against a bank on the grounds of failure to perform its financing obligation.

• Opposing a bank’s demand to provide additional security.

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