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Introduction

Iversen

10 Mar 2023

NobleIDark:/48914/w1/20260526/3DD97154DOI10.1093/oso/9780192866905.003.0001

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Abstract

Abstract This chapter introduces the topic of the book, intercreditor equity in sovereign debt restructuring, and places it in a broader context of sovereign lending and borrowing and debt crisis resolution. It continues by elaborating the approach and structure of the various chapters of the book. It notes that because the title of the book refers to ‘intercreditor equity’, one might assume that it is mainly concerned with whether a creditor can enforce an intercreditor equity claim against another creditor. However, rights and obligations stemming from a loan instrument exist mainly between each creditor and the respective debtor. The question of intercreditor equity is therefore mainly decided by reference to the rules engaging the debtor state and the extent to which each of the creditors can enforce these rules against the debtor. Last, the chapter clarifies the terminology used in the book, in particular how it may diverge from terminology used in relation to corporate insolvency procedures.

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