Clifford Chance Advises National Agricultural Cooperative Federation on Its Successful Debt Liability Management Exercise for Its Reorganisation

Leading international law firm Clifford Chance has advised the National Agricultural Cooperative Federation (NACF) in its successful debt liability management exercise including solicitation of consents from the holders of its outstanding US$400,000,000 5.55% notes due 2012, US$180,000,000 8.50% notes due 2014, US$500,000,000 5.00% notes due 2014, US$500,000,000 4.25% notes due 2016, US$500,000,000 3.50% notes due 2017, HKD230,000,000 4.80% notes due 2012, HKD250,000,000 4.56% notes due 2013, SGD50,000,000 1.10% notes due 2012, SGD38,000,000 zero coupon notes due 2012, SGD40,000,000 1.27% notes due 2013 and JPY10,000,000,000 3.16% notes due 2 May 2018.

NACF sought consent from the noteholders for approval of its reorganisation involving the splitoff of its financial businesses, including its credit and banking business, and its agricultural and livestock businesses into several subsidiaries owned by NACF, and waiver of any event of defaults that may arise in connection with such reorganisation. The reorganisation became effective on 2 March 2012.
The Hong Kong team was led by partners Hyun S. Kim and Stewart Dunlop, supported by consultant Richard Lee, with support from associates Heesug Chung and Sonia Won. Finance partner Paget Dare Bryan was assisted by consultant Patrick O’Connor and associate Yoohong Lee on addressing issues arising in connection with existing swaps and derivatives transactions and other bilateral financing arrangements.
NACF was established under the Constitution of Korea and the Agricultural Co-operative Law of Korea passed on 29 July 1961, and was incorporated on 15 August 1961, to act as an umbrella organisation for agricultural co-operatives and provide financing for the development of the agricultural industry in Korea. It is one of the largest banks in Korea and it is also the largest agricultural and livestock marketing and supply company in Korea.