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Freshfields
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The Malaysia Aviation Group faced significant financial challenges following the drastic decline in international travel due to the COVID-19 pandemic, which necessitated a major restructuring of its operations, particularly concerning MAB Leasing (MABL), its primary aircraft leasing entity. The Group sought legal advice from Freshfields to explore restructuring options that would effectively reduce its aircraft lease liabilities. Among the various restructuring strategies available, Freshfields identified a UK court-based scheme of arrangement as a viable option, despite its unprecedented nature for an airline. This scheme allowed for a compromise between MABL and its creditors without the need for individual negotiations with each lessor, which could be time-consuming. The scheme also enabled MABLs directors to maintain control over the restructuring process, unlike the more restrictive US Chapter 11 proceedings. The advantages of the UK scheme included the ability to operate continuously under aviation regulations, a low jurisdiction threshold, and the potential for quicker and more cost-effective resolution compared to other methods. Freshfields, in collaboration with financial adviser Houlihan Lokey, developed a proposal that aimed to achieve significant savings for the Group while garnering substantial support from lessors. On February 22, 2021, the English High Court sanctioned the MABL scheme, marking a historic moment as it was the first instance of an airline utilizing English courts to reduce aircraft lease liabilities. The courts ruling allowed lessors to vote as a single class, which was a pivotal outcome for the restructuring process. As a result of the scheme, the Malaysia Aviation Group secured a more stable financial foundation, enabling it to implement a new long-term business plan that provides a meaningful competitive advantage in the aviation market. The successful execution of this restructuring not only alleviated immediate financial pressures but also positioned the Group for future growth and operational resilience.