Non-performing loan/Investment related cases

Advice about DPO negotiation

Advice about DPO negotiation

We advised a company, whose loan had been transferred to a servicer, on DPO negotiation.
The company's cash flow was tight, so it refinanced present value of amount paid in case of payment in full on schedule. As a result, the total payment increased, but the due date for the payment was extended, and monthly cash flow situations were eased.

Validation of investment structure

We validated a non-performing loan joint investment structure.
We figured out if the methods of specially permitted businesses for qualified institutional investor and loan participation were feasible or not, considering the regulation of Financial Instruments and Exchange Act.

Advice about real estate investment

We advised a client mainly on a structure in a real estate investment case from abroad.
In that case investor was one and non-recourse loan was not financed, therefore, we suggested the possibility of the scheme, which made cost reduction feasible by setting private trust.

Advice about acquisition of business

We advised a client on the entire scheme and the law-related tasks in acquisition of business case. The risks of tax delinquency and off-the-books loan were significant; therefore, the scheme was expensive, but it ended in a way that virtually only assets were to be acquired by cash grant type absorption-type company split.

Support for sale of apartment loan portfolio

We supported a client in invitation of investors through after closing operation in sale of small apartment loan portfolio.
We were working on, clearing practical points, such as setting cut-off date prior to bid date, gap between actual date of payment and collection date, that occurs due to collection by account transfer, and successful bid with cherry picking by several investors.

Due diligence in purchasing loans

We assessed a large-lot loan in purchasing loans of bulk sale.
We made reports, in which you can see borrower summary, collection history, financial status, collateral summary, and other creditors' status by borrower.

Preservation of properties in M&A cases

In M&A cases we performed such procedures as creation of mortgage, pledge of receivables, inventory, stocks, and so on as a preservation.

Preservation assessment of CMBS backed up loan

We advised a client on replacing a revolving mortgage, which covered CMBS backed up loan.
The lien is obliged to be replaced due to various reasons, but we pointed out the legal risk factors in the entire structure and considered the conditions of permission for the replacement.

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