Barclays takes greater security over KWM's European assets with second debenture
KWM's key lender toughens up original deal with second debenture agreement
December 07, 2016 at 02:18 PM
3 minute read
Barclays has taken extra security over King & Wood Mallesons' (KWM) European assets under a new debenture agreement.
New documents filed with Companies House reveal that KWM's European, UK and Middle East (EUME) arm was delivered a second debenture by key lender Barclays earlier this week, following the first agreement, which was signed in July.
The document states that Barclays will continue to lend to KWM's stricken EUME business under the terms and conditions set out in the documents, which go into greater detail about how the latest agreement gives Barclays security over KWM's assets.
The details of charge form, created on 5 December and certified by Pinsent Masons, provides information about the the different parts of KWM Europe's business to be secured, as well as the circumstances in which the deed would become enforceable and Barclays would take control of the business. This would include a request by the firm to appoint a receiver or administrator.
City partnership experts, who declined to be named and are unconnected to KWM, said the second filing was "more comprehensive" than the first. One said: "I think Barclays wants to make sure it's got as complete a package as possible – they want to make sure they have security over anything that could be advanced under an amended facility."
The document states that the bank will have secured liability over "all present and future obligations and liabilities" and "under any facility with the lender", including any increase in KWM's overdraft balance.
A spokesperson for KWM said: "We continue to work closely alongside our financial advisers with the full support of Barclays Bank and have no further comment to make."
Issues for KWM's Europe branch came to a head in late October following the resignation of four high profile London partners, including former managing partner Rob Day and UK funds head Michael Halford, who are joining Proskauer Rose and Goodwin Procter respectively.
The exits forced the firm to put its recapitalisation plans on hold to reassess its financial situation, prompting a revised proposal with an additional bailout from Asia, subject to European commitment.
The firm's European management was subsequently forced to look at alternative options – including a merger – after partners opted against the revised proposals. Only 21 of KWM's European partners agreed to commit in full to the plan, which would have required European partners to pay in just under £14m in capital.
KWM operates three financially separate partnerships under a Swiss verein structure, following the mergers of China's King & Wood, Australia's Mallesons Stephens Jaques and the UK's SJ Berwin.
Earlier this month, KWM's Chinese partnership emerged as a potential buyer for all or part of the EUME business. The news came after it had emerged that Dentons was considering a takeover of the entire EUME business. Like KWM, Dentons has a large Asian presence following its tie-up with China's largest firm Dacheng last year.
Meanwhile, sources familiar with the matter say that DLA Piper and US firm Greenberg Traurig are interested in some of KWM's EUME business, including a number of London real estate partners.
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