Restructuring
Independent fundholding for restructuring transactions
Escrow, custody and payment administration for restructuring, settlement and insolvency related transactions, implemented under documented instructions and agreed distribution mechanics.
Independence in a restructuring
Titanium has no lending or advisory relationship with any party to the transaction, so it can hold funds that several classes of creditor have a claim on.
It also means Titanium does not determine creditor entitlements, does not calculate allocations and does not adjudicate disputes. Classifications and allocation calculations are supplied or authorised by the relevant officeholder, the parties, or the court process. Titanium holds and releases funds under the applicable agreement, authorised instructions and any documentary requirements specified for the mandate.
Where a mandate arises from a court-supervised process, Titanium acts on the instructions the process produces. It does not hold any appointment from a court unless a specific mandate says so.
Where Titanium is instructed
Creditor distributions
Payment administration across multiple classes, on allocations supplied and authorised by the officeholder or the parties.
Settlement arrangements
Funds held and released under the settlement agreement's own mechanics, including staged release where the parties have documented one.
Distressed M&A holdbacks
Fundholding on an asset or business sale out of a stressed situation, on the same instruction mechanics as any other corporate escrow.
Asset disposal proceeds
Custody of proceeds pending the agreed distribution or application.
Arbitration and dispute settlements
Independent fundholding while a dispute runs, released on the mechanism the parties or the tribunal have specified.
Related
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Escrow in restructurings
Standstill deposits, proceeds of distressed asset sales and implementation funds, and the release mechanics that suit a low-trust setting.
Read the articleEscrow for settlement agreements
Funding, the release triggers that work for a settlement, the order of signatures, and what the documents should say if the settlement collapses.
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