NEWSLETTER-2019-metin
64 NEWSLETTER 2019 of the restructuring as two conditions for restructuring. Respectively, it is foreseen that the debtors evaluated that will not regain their sol- vency shall not be involved in restructuring. Precautions Pursuant to Provisional Article 32 of the Banking Law, the fol- lowing precautions might be taken: • To extend the term of the facility; • To novate the facility; • To grant an additional facility; • To deduct or waive from any kind of receivable arisen under the facility relationship, such as capital, interest, default in- terest, penalty for delay and premiums; • To reduce collaterals; • To convert capital or premium receivables to contributions; • To transfer or assign to special purpose vehicles and invest- ment funds in consideration of cash or in kind return, or a certain amount conditional upon collections; • To liquidate, or sell, fully or partially, in consideration of the assets belonging to the borrower or a third party; • Derecognition; or • To execute protocols. Accordingly, most of the methods implemented, in practice, through restructuring processes have been listed in the provision. In addition, as the ones listed are not numerus clauses, other methods are allowed, as well. Qualification of Restructuring Through the Regulation introduced to Provisional Article 32, it is foreseen that the restructuring processes conducted under the same
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