NNDKP Assisted AAylex One in Connection with a EUR 20 Million Financing Provided by CEC Bank S.A. and Alpha Bank Romania S.A.

August 2024 NNDKP has assisted AAylex One, one of the leading players in the Romanian food industry and the producer of the Cocorico brand in connection with a EUR 20 million loan facility granted by a syndicate of banks. The syndicate of banks included CEC Bank S.A. and Alpha Bank Romania S.A., the facility granted is secured by a guarantee issued by Exim Banca Romaneasca in the name and on behalf of the State. NNDKP continues to support AAylex One, advising this client in a new financing project on complex aspects related to the structuring, drafting and negotiation of the finance documents…

NNDKP Assists Globant with the Merger of two Romanian Subsidiaries

August 2024 NNDKP has recently advised Globant, an IT and software development company present in 33 countries with more than 29,000 employees worldwide, throughout the entire process of merging two Romanian subsidiaries – Pentalog Romania S.R.L. and Pentalog HR Romania S.R.L. The transaction was part of a global reorganization process that Globant designed in order to continue and accelerate its expansion worldwide, including in Romania. NNDKP provided comprehensive legal assistance and strategic legal guidance from a corporate perspective in all stages of the merger, as well as counseling…

NNDKP Part of the International Legal Team Advising Mengtai Group on the Acquisition of Alu Menziken Group

June 2024 Nestor Nestor Diculescu Kingston Petersen (NNDKP) was part of the international team of advisors that assisted the Chinese Inner Mongolia Mengtai Group Co., Ltd. with the acquisition of the Alu Menziken Group from Montana Aerospace AG. NNDKP provided legal assistance in the Romanian jurisdiction. The project was coordinated by the German law firm HEUKING, which acted as lead counsel in the transaction and coordinated local counsel in Switzerland, Austria and Romania. Alu Menziken is an established manufacturer of lightweight components from aluminum, including solutions for e-battery…

NNDKP Assisted CTP in Acquiring Globalworth’s Fully Owned Logistics Portfolio

May 2024 Nestor Nestor Diculescu Kingston Petersen (NNDKP) has assisted CTP, Europe’s largest listed developer, owner, and manager of industrial and logistics properties by gross lettable area (GLA), in acquiring the logistics portfolio fully owned by Globalworth, the largest office investor in CEE, with leading positions in Romania and Poland. The portfolio, comprised of 270,000 sqm GLA and 30ha landbank, includes six industrial parks and other complementary facilities in six key locations in Romania, including Bucharest, Arad, Pitesti, Oradea and Timisoara. Following this acquisition CTP…

Romania Chapter in the CEE Legal Matters Comparative Legal Guide: Competition 2024

April 2024 Anca Diaconu and Rares Farcas have authored the Romania Chapter of the CEE Legal Matters Comparative Legal Guide: Competition 2024, published by CEE Legal Matters. The guide serves as a compass, providing in-depth analysis and insights on main competition pieces of legislation, notable recent updates, the main concerns of the competition authority as well as its sanctioning record, how a leniency policy is applied, and an overview of relevant recent abuse cases, as well as the impact of COVID-19, across 15 jurisdictions in the region. The Romania Chapter of the CEE Legal Matters…

Certain Considerations on Delegation of Director’s Powers in a Limited Liability Company

April 2024 While rendering day-to-day corporate advice to various clients, we have noticed lately a trend specific to limited liability companies, which involves allowing the directors of the respective companies to delegate all their powers to another individual for certain operations, either via the Articles of Incorporation or by resolution of shareholders. The matter itself should not raise specific concerns, as this right is already provided by the Companies Law 31/1990 (i.e., the possibility for the director to delegate his powers). However, the way such delegation of powers is actually…

April 2024 Reasons for the dismissal decision by reference to the temporary nature of the employment contract and the primacy of European Union law in...

April 2024  The Court of Justice of the European Union (the “Court of Justice of the EU” or the “Court”) delivered a judgment, on 20 February 2024, in Case C-715/20 (K.L. v X sp. z o.o.), in which it ruled as follows: Clause 4 of the Framework Agreement on fixed-term work concluded on 18 March 1999 (the “Framework Agreement”), which is included in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p.43, Special edition, 05/vol. 5, p. 129) must be interpreted as precluding…

Romania – a Strong Option for Investors

March 2024 With key offerings including a significant market (the second largest in CEE), EU-shaped legislation, NATO membership, and a well-educated workforce in a hospitable resource-rich, and geographically privileged location at the crossroads between Europe and Asia, Romania is a growing economy. To give investors a quick understanding of the local legislation impacting doing business in Romania, NNDKP lawyers and consultants prepared a digest covering legal and tax implications to be considered when entering or enhancing an already existing presence on the domestic market. “Investing…

NNDKP Assisted a Syndicate of Banks with a EUR 101.5 million Financing to RodBun Group

March 2024 Nestor Nestor Diculescu Kingston Petersen (NNDKP) assisted a syndicate of banks in providing a loan facility totalling EUR 101.5 to RodBun Group, by refinancing and increasing existing facilities by EUR 37.14 million. RodBun is an integrator of agricultural products and solutions and one of Romania’s most important players in this field. The syndicate of banks included Banca Comercială Română S.A., as Initial Lead Arranger, Bookrunner, Documentation Agent, Facility Agent, and Security Agent, CEC Bank S.A., Raiffeisen Bank S.A., ING BANK N.V. Amsterdam – Bucharest Branch, as…

NNDKP Assists a Syndicate of Banks in Extending USD 150 million Credit Facilities for ALRO SA for Another Three Years

December 2023 Nestor Nestor Diculescu Kingston Petersen (NNDKP) has assisted a syndicate of banks with the amendment and extension until 2026 of USD 150 million working capital credit facilities for ALRO S.A., one of the largest vertically integrated aluminum producers in Europe, by production capacity. The syndicate of banks was coordinated by Exim Banca Românească and included Banca Comercială Română SA (BCR), OTP Bank Romania, CEC Bank, UniCredit Bank, Alpha Bank Romania and Banca Transilvania. NNDKP assisted the banks on the Romanian law aspects throughout the project, advising on the…

NNDKP Assists Impact Developer & Contractor SA in EUR 8 million Corporate Bond Issue

November 2023 Nestor Nestor Diculescu Kingston Petersen (NNDKP) assisted Impact Developer & Contractor SA in connection with a EUR 8 million corporate bond issue. NNDKP was involved in negotiating and concluding the documentation in relation to the bond issue and supported the client throughout the transaction. The NNDKP team advising on this transaction was led by Alina Radu, Partner and Head of the Banking and Finance practice, who was joined by Alexandru Ciambur, Senior Associate in the same practice. Impact Developer & Contractor will use the obtained funds to prefinance…

NNDKP Assisted Insight Enterprises in Acquiring Amdaris, a European Technology Company

October 2023  Nestor Nestor Diculescu Kingston Petersen (NNDKP) was part of the international team of advisors that assisted Insight Enterprises, a Fortune 500 Solutions Integrator focused on driving client success through digital transformation, in acquiring Amdaris, a software development and digital services company based in the UK, with service delivery centers located in several Eastern European countries. As part of the acquisition process, NNDKP assisted the law firm Armstrong Teasdale in London, the European counsel of Insight Enterprises, in carrying out a due diligence check over the…