Overview
ELP has a robust and diverse Banking & Finance practice with separate verticals in project finance, corporate finance and structured finance. We have advised borrowers, lenders, and security providers and have a deep understanding of legal and commercial issues that may possibly arise in the life of a lending transaction. An in-depth local knowledge of the application of various statutes with a familiarity of international best practices, allows us to understand and anticipate potential legal and commercial risks that may arise in a transaction. This coupled with our constant endeavour to destructure, ideate and innovate, enables us to provide effective solutions to all stakeholders in a transaction.
Our Banking & Finance team has extensive experience in the areas of rupee financing, external commercial borrowings (ECB), overseas direct investments (ODI), acquisition financing, project financing and ancillary security documentation. Our lawyers have also advised on a gamut of securitisation/asset reconstruction transactions and represented some of the pioneering asset reconstruction companies in India.
Our client base includes large public sector and private sector banks and their consortia, global banks, funds and investment houses, asset reconstruction companies as well as domestic and foreign commercial enterprises. We have successfully handled large, complex and pioneering transactions from the initial structuring and term sheet stage through to completion of transactions ranging from USD 5 million to USD 2 billion. The combination of our vast experience, deep knowledge and innovative approach has led us to being the advisors of choice for complex structured transactions.”
Services
Advisory & Litigation support on IBC issues
Our multidisciplinary approach and core insolvency team comprising of talent from litigation, tax, banking, corporate and regulatory backgrounds, makes ELP well positioned to help our clients on most complex restructurings. Our clients comprise of operating creditors, banks and other financial investors as well as steering committees, insolvency practitioners and their directors and/or officers. The experience of the team in debt restructuring, recoveries, equity capital raising, and restructuring, open offers, distressed M&A activity and related advisory work has helped in clients in steering through the issues and challenges faced under the Insolvency and Bankruptcy Code (IBC). Our work covers Pre IBC related initiation (Review & Analysis); IBC Initiation (Application Process); Insolvency Process (Corporate Insolvency Resolution Process); Implementation of the resolution plan and General Advisory, structuring, documentation and Corporate work.
Rupee and Foreign Currency Debt
Drafting transaction documents for finance transactions, including structured financing, acquisition financing, asset financing, project financing and corporate financing. This includes drafting, negotiating and finalising the respective loan agreements, security documents, contractual comfort documents, conditions compliance and ancillary documentation (for example escrow agreements, trust and retention account agreements, inter-creditor agreements etc.). We also provide a review and diligence from a lenders’ perspective on project documents.
Corporate Debt
Structuring and documentation including review of private placement memorandum, diligence and assistance in placement with relevant stock exchanges.
Restructuring
Assistance on transaction documents and advice on restructuring transactions, including securitisation structures. This would also include review of existing debt documents and recommending solutions on issues being faced by clients.
Regulatory
Providing regulatory advice in relation to issues under the Foreign Exchange Management Act, 1999 and its ancillary regulations.
Thought Leadership
Breaking barriers. IBBI’s new measures aim to boost efficiency in personal guarantor ...
30 Sep 2023 |
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Empowering home buyers: IBBI’s game changing amendments in IBC regulation
22 Sep 2023 |
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Important Judgements under SAEFAESI Act, DRBT Act & IBC
22 Sep 2023 |
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IBBI’s game changing reforms: Bridging gaps & boosting efficiency in corporate insolvency
20 Sep 2023 |
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Challenges in Loan Recovery and Individual Fundamental Right of Movement in India: ...
3 Oct 2023 |
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NCLAT Provides Clarity That IBC Is Not A Debt-Recovery Mechanism
12 Sep 2023 |
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Lending is challenging, recovery is tricky
1 Sep 2023 |
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BoB withdraws auction notice, says Sunny Deol offered to settle dues
28 Aug 2023 |
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The Delhi High Court decides the issue of conflict between the provisions ...
3 Oct 2023 |
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Rs 1.12 lakh crore stuck: When will investors of Sahara para banking, ...
26 Jul 2023 |
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Stressed realty projects: IBBI exempts certain home buyers from regulatory fee
24 Jul 2023 |
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Priority of Dues of Secured Creditor under the Insolvency and Bankruptcy Code, ...
18 Jul 2023 |
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Ola Postpaid: A failed customer service
3 Jul 2023 |
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Can Go First take off once again?
27 Jun 2023 |
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ELP Knowledge Series India Update Part 1 of 2023
3 Oct 2023 |
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Government Exempts Petroleum Assets From Moratorium; Aviation, Telecom May Be Next
20 Jun 2023 |
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Corporate insolvency. IBBI proposes mandatory audit of insolvency resolution process costs
11 Jun 2023 |
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Banks opt to go slow on fraud classification
9 May 2023 |
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IBBI invites stakeholders comments to modify regulations issued till date
5 May 2023 |
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Can GoFirst still be a going concern? Yes, no, maybe: Legal experts ...
5 May 2023 |
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Why does SBI want SC to clarify its fraud account ruling?
19 Apr 2023 |
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Rights of Creditors and Protection of Individual Right of Borrower/Promoters
31 Mar 2023 |
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Reliance Capital's Insolvency: Value Maximisation Prevails Over Process Sanctity
6 Mar 2023 |
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A compilation of some recent judgements on critical issues under the Insolvency ...
27 Feb 2023 |
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Securitization of Stressed Assets framework (SSAF): Discussion paper of the Reserve Bank ...
24 Feb 2023 |
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MC Explains: Will tweaks in insolvency law help homebuyers?
20 Jan 2023 |
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SEBI consultative paper for framework for protection of interest of public equity ...
19 Jan 2023 |
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Interplay of some of the recent judgements under IBC
18 Jan 2023 |
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Banks are not adding this clause to the new locker agreement: How ...
3 Jan 2023 |
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Alternative funding, tech-friendly and personalised services to boost digital lending, say experts
6 Dec 2022 |
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IBBI chief urges creditors to file for default fast
3 Oct 2023 |
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Legal updates on banking sector
12 Oct 2022 |
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In a big policy shift RBI allows asset reconstruction companies to be ...
12 Oct 2022 |
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India’s Road Map for Digital Lending - Action Points for The Lenders
4 Oct 2022 |
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Interplay of some of the recent judgments under IBC
4 Oct 2022 |
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Policy shift IBBI allows Insolvency Professional Entity to become an IP
3 Oct 2022 |
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MC explains: SBI's insolvency plea against Jaiprakash Associates may lead to tough ...
3 Oct 2023 |
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Trust Theory, Security and Margin Money: The effect of Moratorium under the ...
28 Sep 2022 |
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Stage set for hybrid resolutions and faster realization of assets under insolvency ...
20 Sep 2022 |
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IBBI bars RPs from accepting or sharing fees with other professionals
15 Sep 2022 |
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Hard learned lesson: Not wearing rear-seat belt may affect claim payout
9 Sep 2022 |
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Corporate insolvency: MCA empowers resolution professionals to sign and file e-charge forms
5 Sep 2022 |
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RCap insolvency: Will creditors lose out in the resolution?
1 Sep 2022 |
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Recent landmark judgements of the Supreme Court under IBC
30 Aug 2022 |
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IBC cases: For every Rs.100 of claims admitted, banks took haircut of ...
25 Aug 2022 |
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IBBI proposes ’regulation fee’ on corporate insolvency resolution plans to shore up ...
30 Jun 2022 |
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Insolvency regulator IBBI proposes to enable entities to become insolvency professional
15 Jun 2022 |
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IBBI invites suggestions on separate regulatory framework for home-buyers under IBC
15 Jun 2022 |
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How Are Operational Creditors Different from Financial Creditors
26 May 2022 |
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Rs two lakh crore 'avoidance transaction' claims pending with NCLTs
5 May 2022 |
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IBBI plans to streamline role of information utility to speed up admission ...
3 Oct 2023 |
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Financing & the Hospitality Sector
5 Apr 2022 |
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Why did RBI bar Paytm Payments Bank from onboarding new customers?
14 Mar 2022 |
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e-RUPI voucher limit hiked. What is this prepaid card and how to ...
10 Feb 2022 |
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Union Budget - An Analysis by Economic Laws Practice
1 Feb 2022 |
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IBBI empowers adjudicating authority to pick IPs from panel to curb delays
6 Dec 2021 |
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ELP Knowledge Series – Part 2 of 2021
15 Sep 2021 |
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IBC @ 5 Plays Saviour to 396 Corporates
10 Sep 2021 |
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Claim Period Under Bank Guarantees
29 Jul 2021 |
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Liquidity Window for contact intensive sectors
7 Jun 2021 |
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ELP - Knowledge Series – Part 1 of 2021
27 Apr 2021 |
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Union Budget 2021: An Analysis
2 Feb 2021 |
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After RBI's ruling on troubled builders dues, Rs 20k-crore realty loans in ...
28 Feb 2020 |
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Union Budget 2020: An Analysis
2 Feb 2020 |
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ELP - Knowledge Series - India Update - Part 4 of 2019
22 Jan 2020 |
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Karvy clients challenge IBC amendment on individual creditors
8 Jan 2020 |
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ELP Banking & Finance Update: Essar Steel - Arcelor Mittal Supreme Court ...
22 Nov 2019 |
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ELP - Knowledge Series - India Update - Part 3 of 2019
3 Sep 2019 |
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IBC should be home buyers' last resort
26 Aug 2019 |
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More banks likely to have been singed by Bhushan Power fraud
8 Jul 2019 |
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Union Budget 2019 - An Analysis
7 Jul 2019 |
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ELP Knowledge Series - India Update Part 2 of 2019
7 May 2019 |
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A chance for promoters to pull out distressed companies
2 Apr 2019 |
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Legal fraternity divided on apex court order on NPA circular
2 Apr 2019 |
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ELP Knowledge Series - India Update Part 1 of 2019
19 Feb 2019 |
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Budget 2019: Judicial Reform Is What This Economy Needs Now
2 Feb 2019 |
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Interim Union Budget 2019 - An Analysis
1 Feb 2019 |
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Are home buyers secured financial creditors or unsecured creditors under IBC?
3 Oct 2023 |
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ELP Knowledge Series - India Update Part 2 of 2018
10 Sep 2018 |
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Security of Home Buyers and other Allottees under IBC
10 Aug 2018 |
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IBC | Alert | IBBI's circular in aid of IPs conducting CIRP
3 Jul 2018 |
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IBC | Legislative Alert | CIRP | Creditors in a class, authorised ...
5 Jul 2018 |
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IBC | Legislative Alert | IPEs cannot act as IP and to ...
9 Jul 2018 |
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ELP | Legislative Alert | RBI - Revised Framework for Resolution of ...
14 Feb 2018 |
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The Indian Insolvency and Bankruptcy Regime
8 Sep 2017 |
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IBC | Legislative Alert | Existing CIRPs to provide for appointment of ...
13 Jul 2018 |
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IBC | Case Law Alert | Liquidation Order not a bar to ...
18 Jul 2018 |
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IBC | Case Law Alert | Whether being empanelled with a financial ...
27 Jul 2018 |
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BC | Legislative Alert | Maintenance of public shareholding in listed companies ...
30 Jul 2018 |
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IBC | Case Law Alert | Income-tax department not a secured creditor ...
31 Jul 2018 |
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IBC | Case Law Alert | Criminal proceedings are not covered under ...
13 Aug 2018 |
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IBC | Legislative Alert | Pending disciplinary proceedings against Insolvency Professionals | ...
25 Apr 2018 |
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IBC | Legislative Alert | Provisions in relation to financial service providers ...
4 May 2018 |
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IBC | Case Law Alert | Exclusion of certain period from 270 ...
10 May 2018 |
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IBC | Case Law Alert | Right of operational creditors / suspended ...
28 May 2018 |
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IBC | Legislative Alert | SEBI amends its regulations to provide for ...
5 Jun 2018 |
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IBC | Legislative Alert | Ordinance, 2018 to amend IBC approved by ...
6 Jun 2018 |
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IBC | Legislative Alert | IBBI clarifies on IPs' fees, expenses and ...
12 Jun 2018 |
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ELP Knowledge Series - India Update Part 1 of 2018
14 Jun 2018 |
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