Sanctioning Light SA's Scheme—A strategic restructuring triumph (Re Light Sa Em Recuperação Judicial)
Restructuring & Insolvency analysis: The High Court of Justice sanctioned a scheme of arrangement for Light SA (the Scheme), a Brazilian company, under Part 26 of the Companies Act 2006 (CA 2006). The Scheme involved two groups of creditors holding notes issued by Light SA's subsidiaries, Light Energia SA (Light Energia) and Light Serviços de Eletricidade SA (Light SESA) (together the Note Issuers) with Light SA acting as the guarantor. Both Note Issuers are regulated entities in Brazil, and their business is the generation (in the case of Light Energia) and distribution (in the case of Light SESA) of electricity in Brazil. The restructuring, approved by 99.4% of voting creditors and effective in Brazil, aims to facilitate new capital raising and note exchanges to address financial challenges, including losses incurred due to widespread energy theft and the coronavirus (COVID-19) pandemic. The Scheme offers benefits over the Brazilian judicial restructuring process, including options for New York law securities and international enforceability. Mr Justice Trower found sufficient connection to the UK jurisdiction and anticipated international recognition, particularly in Brazil, thus sanctioning the scheme. Written by Brian Rostron, associate at Addleshaw Goddard LLP.