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Banking, Finance & Insurance

Mocanu si Asociatii provides legal advice on Banking & Finance matters, ranging from sector regulatory issues to complex finance transactions. Our lawyers are instrumental on behalf of lenders (international or domestic investment or retail banks, credit funds or alternative lenders) or borrowers (investment funds, private equity or the government). Our practice focuses on project financing, through all sorts of credit facilities (bilateral/syndicated loans, revolving credit, term loans, committed facilities, letters of credit, retail credit accounts), but also on key trends that the sector is focusing on, such as consumer protection, vendor risk, anti-money laundering and other compliance concerns.

Our Insurance practice focuses on regulatory matters, but also on insurance coverage, litigation, and compliance. Mocanu si Asociatii provides legal advice and support to clients in various factual and legal claims, triggered by various types of insurance products. Our expertise covers the following:

? Legal assistance in the preparation and negotiation of the terms and conditions pertaining to all sorts of credit facilities (bilateral/syndicated loans, revolving credit, term loans, committed facilities, letters of credit, retail credit accounts), including security agreements and any other relevant documentation thereof

? Legal assistance in the current operational activity of Romanian credit institutions and non-banking financial institutions, ranging from regulatory and compliance matters to legal assistance in launching new products and services

? Performing legal activities outsourced by the credit institutions (i.e. the endorsement of the legal documents related to mortgage and real estate loans)

? Representation in conciliation procedures, as well as in disputes before any court of law in Romania or local/international arbitration body

? Legal advice in respect of abusive contractual clauses and abusive commercial practices

? Legal assistance and representation provided to both insurance/reinsurance companies, insurance brokers, pension funds management companies, insured persons, participants in the pension funds, and supervisory and regulatory authority in the insurance field, ranging from regulatory and compliance matters to representation before the competent authorities and any court of law in Romania or local/international arbitration body, as the case may be.

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DEALS

Advising an important supplier of thermal energy throughout the process of changing its legal form from autonomous public services undertaking to joint-stock company, followed by the merger of the latest with another operator in the same field of activity

Advising and representing one of the most important banks in Romania, member of the largest Italian financial group, throughout various litigations (foreclosure proceedings), including in insolvency proceedings

Advising and representing a bank in Romania affiliated to an important Greek financial group in connection with its day-to-day activities

Advising and representing one of the most important banks in Romania, member of the largest Italian financial group, in connection with the analysis of the real estate pledged by the clients in favor of the bank (both retail clients, including bank’s employees, and corporate clients), providing legal endorsement for the securities agreements entered into by bank as lender, handling the bank’s relationships with the notary public offices being involved in the execution of the securities agreements, as well as overseeing of the accuracy of the registrations made in the land book

Advising the subsidiary in Singapore of one of the largest Indian banks in connection with two loan facilities in aggregate amount of USD 55mn, having been made available to a leading international manufacturer of stainless steel long products, including by conducting legal due diligence in connection with assets being pledged in favor of the lender by the Romanian subsidiary of the borrower and by amending the facility agreement and the securities agreements

Advising and representing one of the most important banks in Romania, member of the largest Italian financial group, in notifying to the Competition Council and obtaining the merger clearance for the acquisition of a corporate banking business amounting over EUR 500mn

Advising the Romanian subsidiary of one of the worldwide leading groups operating in the field of industrial gases, engineering and pharmaceutical and medical gas solutions, in connection with its acquisition of 100% shareholding in the largest distributor of respiratory medical devices in Romania, including legal advice in the post-acquisition phase; advising and representing the client in connection with its day-to-day activities

Advising a leading private rail freight transport company in connection with its participation in the privatization process of the largest Romanian rail freight carrier, including by conducting the legal due diligence investigation, providing legal advice throughout the negotiation and signing of the transaction documents, and drafting the documentation pertaining to the notification of the contemplated transaction to the Competition Council

Advising and representing the Romanian subsidiary of one of the foremost Spain based multinational group operating in the field of civil engineering, constructions, industrial projects and concessions, in connection with its day-to-day activities

Advising the Romanian subsidiary of in important German provider of financial services for small- and medium-size enterprise in connection with its day-to-day activities, including in connection with share capital increases

Advising and representing a consortium of investors in connection with its participation to the privatization procedure of an important manufacturer of engines and turbines (listed company), including by conducting the legal due diligence investigation, assisting the client in negotiating and signing the transaction documents, assisting the client in obtaining the merger clearance and in closing the acquisition of the majority shareholding in the privatized company, the transaction value amounting to EUR 50mn; assisting and representing the client in connection with the restructuring of the privatized company (for instance, the transfer of activities and assets to affiliated entities through spin-off operations; the transfer of certain assets; the increase and the decrease of the share capital; contracting bank loans; entering in joint-ventures for performing new activities)

Advising an asset management company in connection with the public offering of units issued by the closed-ended investment fund under management, the public offering amounting over EUR 5mn, including by advising on drafting the prospectus and by representing the asset manager before the capital market institutions

Advising the largest rail freight transport company in Romania throughout the negotiations conducted with the group of lenders for the conclusion of a syndicated loan agreement, the credit facility amounting over EUR 100mn and being made available for the refinancing of a bond issuance

Advising the largest Romanian operator in the field of postal services throughout the negotiations conducted with an international financial institution for the conclusion of a loan agreement, the credit facility amounting up to EUR 50mn and being made available for upgrading the mail sorting and distribution infrastructure

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