Following the conclusion of the examinership of Norwegian Air on 26 May 2021 we, having acted as legal advisors to Kieran Wallace of KPMG Ireland as the examiner of Norwegian Air, reflect on some of the key aspects and innovations in the restructuring many of which were addressed in four separate judgments delivered by the Irish High Court over the course of the examinership including:

• Cross Border Features – Examinership of a Norwegian Incorporated Company
• Cape Town Convention and Termination of Aircraft Leases
• Group Restructuring through Examinership
• Releases of Related Companies / Third Parties through Examinership
• The Conditional Investment
• The Blended Dividend
• The Treatment of Existing Equity

The case further demonstrates the advantages and strengths of Irish restructuring processes and Ireland as a jurisdiction to complete complex, multi-jurisdictional restructurings.

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