Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement - 4th Oct 2010
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
Paul Rooney was the long-time Financial Director of a substantial international company when it was taken over and restructured leaving him facing an uncertain future.
Pearson Hinchliffe Commercial Law helped Paul to identify commercial opportunities where his skills and experience could be utilised, and advised him on the purchase of a company.
After conducting research, an ideal company was found in Europanel UK Limited, a manufacturer of MDF and melamine boards, which was in administration subject to a Company Voluntary Arrangement (CVA). Naturally, purchasing an existing business means taking on the previous owner’s legacy which made our advice all the more important, particularly when it came to considerations of existing obligations to staff, disclosure of liability to creditors, funding, legal systems and documents, and the subsequent purchase.
Pearson Hinchliffe Commercial Law formed a holding company with which to purchase Europanel UK Limited and its’ associated companies, providing a company structure with suitable funding to enable the company to continue in business.
The company has thrived under the new regime, paying off its liabilities to the Creditors of the Company and developing an exciting portfolio of products and technologies.
We are pleased to say that Europanel UK Limited now has a very successful niche position and is one of the leading companies in its field in the UK.
“As an experienced FD I have appreciated Roger Hinchliffe and his team’s commercial awareness as well as their legal expertise. They have consistently proved exceptional value and enabled us to tackle a wide range of business challenges from the outset. Other qualities I've valued are the fact that they always provide prompt and pragmatic advice, and their fees are both realistic and transparent."
Paul Rooney, Chairman Europanel UK Limited.
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