Blog Post

Smile Telecoms’ Restructuring Plans Considered at UK High Court Hearing: Questions of Valuation and Exclusion of Out-of-the-Money Creditors

Restructuring Round-Up

29 Mar 2022

On 10 March 2022, the UK High Court held the adjourned sanction hearing regarding Smile Telecoms Holdings Limited’s (“Smile”) second proposed restructuring plan. Despite Smile Telecoms’ first restructuring plan being sanctioned by the UK High Court back in March 2021, the African telecommunications company still faced liquidity shortages. This prompted the company to propose a second restructuring plan under Part 26A of the UK Companies Act 2006 (the “Companies Act”). The second restructuring plan would see the Smile Telecoms’ group senior secured lender, 966 CO S.a. r.l. (“966”), provide additional secured funding of $35.6m and obtain all of the group’s economic and voting rights, to facilitate a controlled sales process. Previously, 966 had provided additional liquidity of $63m under the terms of the first restructuring plan.

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