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The transaction was structured as the issue of USD100 million 9.95 percent per annum 10-year loan participation notes (with resettable coupon on the fifth anniversary of issuance) for the sole purpose of funding a subordinated loan to Ukreximbank. The Notes were listed on the London Stock Exchange.
AVELLUM team proved that the parties did conclude the contract and secured full satisfaction of the client’s claims of over USD100,000.
AVELLUM advised CHG Healthcare on various Ukrainian IP law matters arising during the transaction. In particular, AVELLUM advised the client on the transfer of IP rights to the software and compliance with Ukrainian copyright law.
AVELLUM advised Van Leeuwen Pipe and Tube Group on the structuring of the transaction, conducted legal due diligence of the Ukrainian part of the target business, and drafted certain transaction documents.
The dispute arose based on a contract for the supply of barley on the basis of the FOB ("Free On Board") amounting to a total value of almost USD2 million.