Pre-packaged applications in business reorganisations: International principles

Abstract

This study aims to explore the operating environment of pre-packaged financing in various established reorganisation regimes, including the legal framework, practice, enablers, context and other governing structures. Pre-packaging in the United States, United Kingdom, Australia and Canada was examined with a view to establishing common elements. It is hoped that the resulting insights will assist in building up a framework for implementing pre-packaging in less developed regimes. Through examining secondary evidence using content and comparative analysis,
the researchers developed a thematic outcome identifying common and divergent elements. The findings indicate that pre-packaging has different contextual applications in each regime; it developed largely through evolutionary practice, often forcing the hand of the legislators to adapt. Apart from general rescue legislation, no other legislation was found to have been passed specifically for introducing pre-packaging. Lastly, the presence of a distress-funding culture appears to play a significant role in the establishment of pre-packaged financing.

Keywords: administration, bankruptcy, business rescue, business reorganisation, DIP financing, distress funding, insolvency, post-commencement funding, prepackaged funding