News & Insights

The Dutch scheme and ipso facto clauses: aspects for lenders to consider

Introduction On January 1, 2021 the Dutch Act on Court Sanctioning Of Private Composition To Avoid Bankruptcy (Wet homologatie onderhands akkoord ter voorkoming van faillissement) (the Dutch Scheme) entered into force. The Dutch Scheme provides for a restructuring mechanism for Dutch companies whereby a composition is offered to creditors outside…