NETHERLANDS Law and Practice Contributed by: Folko de Vries, Ilse van Gasteren, Robert Smits and Stern Flik, Clifford Chance
Clifford Chance has decades of expertise in fund formation, debt strategies and regulatory frameworks, and is at the forefront of helping clients navigate the evolving private credit land - scape globally. It draws on extensive experience from 1,000+ lawyers and can pivot from one product to another as required by market shifts or financing needs. Clifford Chance delivers ho - listic integrated advice across the full private credit lifecycle, enabling clients to outperform the market. Beyond traditional lending, it helps clients to set up and structure leverage within
funds, invest across asset classes and navi - gate regulatory landscapes. Its global Private Credit Group combines world-class knowledge with cross-sector expertise and specialises in structuring flexible debt, equity and hybrid so - lutions, including preferred shares. It negotiates the complex and unique terms and structuring seen in private credit deals and is laser focused on maximising credit support throughout the structure, and minimising asset stripping, value leakage and priming risks.
Authors
Folko de Vries is a partner in and co-head of the Global Financial Markets practice in Amsterdam. He is a member of Clifford Chance’s Global Private Credit Group. He specialises in
Robert Smits is counsel in the Global Financial Markets group of Clifford Chance and co-leads the Amsterdam Funds & Investment Management Group. He is a senior financial services
leveraged finance. He represents private equity sponsors and private credit funds on a range of products across the capital structure. Folko is admitted to the Dutch Bar (Nederlandse Orde van Advocaten).
lawyer with 20 plus years’ experience in financial services matters. Robert acts for banks, asset managers, fund managers, institutional investors, fund administrators and fund depositaries and advises on financial services matters across the board. He is the leading expert in the Netherlands on AIFMD and UCITS depositaries, advising all major global custodians and other depositary services providers on their business models and documentation for the Netherlands.
Ilse van Gasteren specialises in restructurings and insolvencies, including advice on security enforcement strategies, debt- for-equity swaps, creditor compositions (including WHOA),
contingency planning, and going concern sales in insolvency scenarios. She acts for financial institutions, investors and borrowers on complex local and cross-border restructurings. Furthermore, Ilse is ambassador of the global Diversity & Inclusion (D&I) strategy of Clifford Chance and chair of the CC Amsterdam D&I group.
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