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  • The Law of Ukraine on Protection of Economic Competition of 2001 (the Competition Law) is the main merger control legislation. It defines the notion of a concentration, sets out the basics of the domestic effects concept, notifiability thresholds, exemptions, principal procedural rules, and sanctions.
  • The market has outlined what it wants to see in the final rules of the country's mooted bankruptcy regime
  • Asian Development Bank priced its first green bond last week in a move that is expected to boost the asset class in the region
  • Banji Adenusi To address liquidity challenges in the Nigerian electricity supply industry, and create an economically viable and sustainable sector, the Nigerian Central Bank recently issued terms and conditions to deposit money banks for participation in the Nigerian Electricity Market Sector Facility (CBN-NESMF). This follows the handover of the Nigerian utility company, PHCN, to successor companies. The N213 billion ($1 billion) facility, with a 10-year tenor and 12-month moratorium period on the principal amount, is designed to settle outstanding payment obligations to market participants, service providers and gas suppliers in the Nigerian electricity market (beneficiaries), and will be warehoused in an SPV set up by the apex bank and the Nigerian Electricity Regulatory Commission, and under administration and management of an asset manager. As expected, the special purpose vehicle (SPV) will refinance the facility by repaying the lenders in proportion to their stated commitment as defined in the various transaction documents, with the Central Bank subscribing to debenture notes issued by the SPV in the total sum of the facility amount. Of crucial importance is the role played by the banks and their designation in relation to their functions. Yet, what is common to all is the responsibility of ensuring the reasonable protection of the best interests of the SPV.
  • Juan Luis Avendaño Nydia Guevara Banks' subordinated debt and its impact on regulatory capital are still regulated in Peru under the Basel II standards. Since their inception in 2009, Peruvian banks have issued tier 1 and tier 2 hybrid instruments in the form of subordinated bonds. The basic features of Peruvian banks' subordinated debt instruments for purposes of qualifying as regulatory capital are that they: i) are unsecured; ii) rank junior to all other obligations and senior only to equity; iii) have loss-absorption capabilities; and iv) have a minimum term to maturity of five years.