The status of the creditor whose claims are secured by means of a pledge (hereinafter referred to as a “pledge creditor”) in the bankruptcy proceedings is often named as the privileged one. This status provides not only the “privileges” to such a creditor but also imposes a number of serious restrictions in comparison to the status of a regular bankruptcy creditor.
Infralex Associate Yan Bagaev explains intricacies of the pledge creditor position according to Russian Bankruptcy legislation.
In December 2016 LITOKOL S.P.A., the leading manufacturer of construction materials, purchased equity interest in Russian distribution network entity and increased the share of its participation in this Russian holding company that consolidates building products manufacturing facilities. Parties to the transaction also provided each other with options to the participatory interest in the share capital of the distribution network entity that can be exercised until 2020. INFRALEX Corporate Law and M&A practice team led by partner Artem Kukin provided legal advice for the transaction.