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Brazil Court Denies Monsanto Bid to Halt Seed Licensing to Bankrupt Firm

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A Brazilian appeals court denied a request this month by Monsanto’s local unit to suspend licensing of its popular Intacta soy seed technology to privately owned seed maker Sementes Talismã, according to a ruling seen by Reuters. Monsanto sought to suspend the licensing of the genetically modified seed technology after Talismã filed for bankruptcy protection in January, one of the seed maker’s lawyers, Daniel Amaral of DASA Advogados in São Paulo, said. Press representatives for Germany’s Bayer AG (BAYGn.DE), which bought Monsanto in a $66 billion deal, said like various other creditors in Talismã’s proceedings it is taking “the applicable legal measures to secure its rights.” Amaral said remaining a licensee of Monsanto’s Intacta technology is crucial for Talismã as it seeks to reorganize the business and restructure about 180 million reais ($49 million) of debt.

ArcelorMittal to Make $1 Billion Creditor Payment to Bid for Essar Steel

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ArcelorMittal SA said yesterday that it would pay 74.69 billion rupees ($1.01 billion) to creditors of two Indian companies in which it previously held stakes, in order to make its acquisition offer valid for Essar Steel, another debt-ridden Indian steel firm, Reuters reported. ArcelorMittal will clear overdue debt of steel firm Uttam Galva Steels and oil and gas pipeline construction services provider KSS Petron, two companies in which the world’s largest steelmaker held stakes until earlier this year. The move comes two weeks after India’s top court said that ArcelorMittal’s bid for Essar Steel would become valid only if the acquirer cleared outstanding debt of Uttam Galva Steels and KSS Petron.

Judge Strips Founder of Deciem Skin-Care Brand of CEO Title, Board Sea

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An Ontario court judge sided with cosmetics giant Estée Lauder Co. in its legal fight against Deciem founder Brandon Truaxe, ordering that he be removed from the skin-care company he started in 2013, the Wall Street Journal reported. “Urgent relief is necessary in order to save this business,” Ontario Superior Court Judge Michael Penny said, citing Truaxe’s recent behavior in his decision. The order, which takes effect immediately, strips Truaxe of his chief executive title and seat on the Deciem board. Early this week, in a video posted to Deciem’s Instagram account, Truaxe announced Deciem would “shut down all operations until further notice,” citing “major criminal activity” by company employees. The move prompted Estée Lauder, which owns a minority stake in Deciem, to file a lawsuit seeking Truaxe’s removal.

Effect of Trade Wars, Cryptocurrency, Asset-Tracing in International Insolvencies and More to be Discussed at ABI's 14th Annual International Insolvency & Restructuring Symposium in Milan Oct. 17-18

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Alexandria, Va. — The American Bankruptcy Institute (ABI) will hold its Fourteenth Annual International Insolvency & Restructuring Symposium in Milan, Italy, Oct. 17-18 at the Rosa Grand. The educational program has been developed to provide attendees with an interactive learning experience led by a faculty of prominent international insolvency practitioners. Dr. Ulriike Guérot, founder and director of the European Democracy Lab, will present a keynote on Europe's future. The program will also feature discussions on recent cases by U.S. Bankruptcy Judges Shelley Chapman (S.D.N.Y.) and Kevin Carey (D. Del.). The advisory board for the program is chaired by Ian G. Williams of RSM Restructuring Advisory LLP (London, England).

Sessions at the Symposium will include:

  • Asset-Tracing in International Insolvencies
  • From Nonperforming Loans to “Unlikely to Pay”: The Next Frontier
  • Schemes of Arrangement: A Comparative Analysis
  • Towards a Eurocentric Model Law
  • Impact of Insolvency on Cryptocurrency, Smart Contracts and Initial Coin Offerings
  • What Effect Will Trade Wars Have on Industries and Restructurings?
  • Westinghouse, a Truly International Chapter 11: From Atomic Start to Smashing Success in Only 363 Days
  • The Growing Convergence of International Insolvency Regimes

For more information on attending ABI's Fourteenth Annual International Insolvency & Restructuring Symposium, please click here. For members of the press looking to attend the Symposium, please contact John Hartgen at (+1) 703-894-5935 or jhartgen@abiworld.org.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 12,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/events.

 

Steinhoff Requests One-Month Lock-Up Agreement Extension

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Steinhoff International Holdings NV said it has asked creditors to agree to an extension of the lock-up agreement, delaying it to Nov. 20 from Oct. 20, Bloomberg News reported. “We have continued to receive significant support from creditors under the lock-up agreement and we remain in positive discussions with them,” Danie van der Merwe, acting head of Steinhoff, said today. “Negotiations on the implementation documentation are now well advanced and the one-month extension to the long stop date will give us the necessary time to complete that process ahead of any necessary restructuring processes being launched.” As part of a broader restructuring Steinhoff’s U.S. Mattress Firm unit has become a subsidiary of Steinhoff Europe, the retailer said in the statement. Mattress Firm went into bankruptcy earlier this month.

Rusoro Accepts $1.3 Billion to Back Off Venezuela’s Citgo

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One of Venezuela’s many unpaid creditors won’t pursue the country’s prized U.S. refining subsidiary Citgo Petroleum Corp. under a settlement that requires the country to come up with $1.3 billion at a time of deepening economic crisis, WSJ Pro Bankruptcy reported. Venezuela will make the payment to Canada’s Rusoro Mining Ltd. as compensation for the government’s nationalization of private gold mining interests in 2011, Rusoro said Thursday. The company said that it would make certain mining data available to Venezuela in exchange and assess whether they could partner again to revive two stalled gold projects. Rusoro also agreed under the deal to drop legal action against state-owned oil producer Petroleos de Venezuela SA and its Citgo unit, which owns a valuable network of pipelines and refineries scattered through the U.S.