CROSS-BORDER FINANCING REPORT 2013

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1 TO BE PUBLISHED WITH THE OCTOBER 2013 ISSUE OF IFLR INDUSTRY REPORT SERIES MANAGING CROSS-BORDER RISK FOR IN-HOUSE COUNSEL

Cross-border financing Guest edited by A comprehensive guide to structuring cross-border transactions Global cross-border capital flows - including

Reflecting a reverse in global financial integration, western economies have reduced cross-border lending while capital flows involving the world s

In 2012, 32% of total foreign capital flowed into developing economies, while capital flows out of emerging markets rose to $1.8 trillion.

Managing a cross-border transaction thereby increasingly requires an understanding of local regulations in unfamiliar jurisdictions, to ensure that

IFLR s inaugural Cross-border Financing Report will provide clarification on information critical to the proper structuring of cross-border

Conducted on a global basis, it will offer insight into inconsistencies between the laws of the countries involved as well as an overview of recent

Guest edited by Milbank Tweed, Hadley & McCloy partner and UK Leveraged Finance Group head, Suhrud Mehta, the results will be published as a

It will provide readers with: Structural best practice Diagrammatical outline of the typical cross-border acquisition financings, leveraged

significant local risk factors Facilitating an easy comparison of territories Contributions from local law experts Concise guidance on local law

2 Cross-border financing Guest edited by A comprehensive guide to structuring cross-border transactions Global cross-border capital flows - including lending, foreign direct investment, and equity and bond purchases - reached $4.6 trillion in 2012, up from $0.5 trillion in Reflecting a reverse in global financial integration, western economies have reduced cross-border lending while capital flows involving the world s developing countries have rebounded. In 2012, 32% of total foreign capital flowed into developing economies, while capital flows out of emerging markets rose to $1.8 trillion. Although most outflows are destined for advanced economies, some $1.9 trillion now flow into other emerging markets. Managing a cross-border transaction thereby increasingly requires an understanding of local regulations in unfamiliar jurisdictions, to ensure that its structuring and implementation is legally valid under local law and consistent with local practice. IFLR s inaugural Cross-border Financing Report will provide clarification on information critical to the proper structuring of cross-border transactions. Conducted on a global basis, it will offer insight into inconsistencies between the laws of the countries involved as well as an overview of recent developments, key concerns and current practice in the markets that matter most to you. Guest edited by Milbank Tweed, Hadley & McCloy partner and UK Leveraged Finance Group head, Suhrud Mehta, the results will be published as a dedicated supplement with the October issue of IFLR. It will provide readers with: Structural best practice Diagrammatical outline of the typical cross-border acquisition financings, leveraged financings and dividend payments Comprehensive cross-jurisdictional insight At-a-glance overview of each featured jurisdiction Highlighting significant local risk factors Facilitating an easy comparison of territories Contributions from local law experts Concise guidance on local law Offered by firms recommended to IFLR by our international partners See overleaf for your invitation Expert analysis from leading international practitioners See right for confirmed contributors Suhrud Mehta Partner & Head - Leveraged Finance Group, London Milbank Tweed Hadley & McCloy Confirmed contributors Andrew Hutchins Partner, Hong Kong Clifford Chance Hendrik Haag Partner, Frankfurt and Former Chairman - IBA Banking law committee Hengeler Mueller Judith Raijmakers Partner & Head - Banking & Finance, Luxembourg Loyens & Loeff Neil Caddy Partner, London Milbank Tweed Hadley & McCloy Lauren Hanrahan Partner, New York Milbank Tweed Hadley & McCloy PREVIOUS IFLR SURVEY CONTRIBUTORS

3 How to get involved Following your recommendation to IFLR by our international partners, we would like to invite your firm to participate in the Report on a sponsorship basis, and demonstrate how you can assist investment banks, corporates and their advisers understand how best to structure deals in your jurisdiction. We would like to offer you the following sponsorship package: Opportunity to position your firm alongside international firms, including Milbank Tweed Hadley & McCloy Exclusive opportunity to contribute to the Report for your jurisdiction all opportunities are offered to local experts on a first-come, first-served basis Publication of your firm s responses in a dedicated supplement up to 2,000 words published and distributed with the October issue of IFLR Up to two senior lawyer profiles 150-word bios, including headshots & contact details. Displayed alongside your response Full page colour display advertisement displayed alongside your response Prominent sponsor placement on all published results materials logo inclusion displayed on the inside front cover of the Report 20 print copies of the supplement for internal and client distribution purposes High resolution PDF of the published results with distribution rights to existing and potential clients Promotional activities via IFLR s print, online and social media channels see overleaf for details Cost of participation Introductory rate: 2,995 To confirm your participation at this introductory rate please return the attached booking form to the relevant contact listed below. All opportunities are offered on a strictly first-come, first-served basis. To discuss sponsorship opportunities please contact Europe and North America Latin America Liam Sharkey Roberto Miranda Tel: +44 (0) Tel: +44 (0) lsharkey@iflr.com rmiranda@iflr.com Asia, Middle East and Africa Denny Squibb Tel: denny.squibb@iflrasia.com At a glance Global report on cross-border deal structures Guest edited by Suhrud Mehta, Head - Leveraged Finance Group, Milbank Tweed Hadley & McCloy Provides financial institutions and corporates with a clear understanding of variations in local practice Published in a dedicated supplement with the October issue of IFLR Features at-a-glance overview; guidance on local law; and international analysis Exclusive sponsorship opportunities offered to firms recommended to IFLR by our international partners Packages include: Exclusive contribution to the Report for your jurisdiction Up to two senior lawyer profiles displayed alongside your responses Full page colour display advertisement Prominent sponsor placement on all published results materials 20 print copies of the supplement High resolution PDF of the published results with distribution rights Promotional activities via IFLR s print, online and social media channels Special introductory rate See overleaf for more information. RESERVATION DEADLINE: AUGUST 16 COPY DEADLINE: SEPTEMBER 6

Promotional activities All report materials will be: Published in print with the October issue of IFLR magazine IFLR has a loyal readership of at least 6,375 1 per print issue Published on the

Bracketed figures (1,620 in total) indicate how many people registered to attend last year.

2014 (>220) IFLR India Capital Markets, November 2013 (286) The report will also be distributed at: IBA Annual Conference, October 2013 (>5,000) (See appendix 2 on pages 6-7 for a selection of IFLR s

4 Promotional activities All report materials will be: Published in print with the October issue of IFLR magazine IFLR has a loyal readership of at least 6,375 1 per print issue Published on the free-to-access area of iflr.com Iflr.com has >22,000 2 unique monthly visitors Promoted in IFLR s weekly e-newsletter IFLR s e-newsletter has >18,000 3 subscribers Promoted to IFLR s LinkedIn network IFLR has >2,500 LinkedIn group members The report will also be promoted electronically to delegates who register for the IFLR events listed below. Bracketed figures (1,620 in total) indicate how many people registered to attend last year. IFLR Asia Capital Markets Forum, November 2013 (>250) IFLR European In-House Counsel Summit, January 2014 (>300) IFLR Asia M&A Forum, February 2014 (564) IFLR European Capital Markets Forum, April 2014 (>220) IFLR India Capital Markets, November 2013 (286) The report will also be distributed at: IBA Annual Conference, October 2013 (>5,000) (See appendix 2 on pages 6-7 for a selection of IFLR s influential magazine and e-newsletter subscribers.) Print and online exposure Print reach IFLR magazine has a loyal readership of at least 6,375 1, per print issue IFLR.com monthly usage statistics Average unique visitors >22,000 2 / month Average page views >65,000 2 / month Social media IFLR s e-newsletter has >18,000 3 subscribers IFLR has >2,500 LinkedIn group members Subscribers By company type (including print subscribers and free weekly subscribers 4 ) 44.1% Corporate / financial / government institution 37.2% Law firm 7.8% Academic institution 10.9% Other PRINT ONLINE NEWSLETTER APP Footnotes 1. The readership rate based upon a survey conducted in Oct 2012, has been independently audited by IPSOS MORI, the international media consultancy. The number of readers is based upon the readership rate applied to the proposed circulation. At 95% confidence International Financial Law Review will have between 5653 and 7096 readers. 2. Source: Webtrends Oct 11 Nov Figures based on IFLR weekly campaign sent on 5th September A combined analysis of IFLR print subscriber file & 10% of IFLR s weekly distribution extrapolated across 18,000 recipients.

5 Appendix 1: How it works Contributing to the Report IFLR will provide you with: A set of questions developed in partnership with our guest editor Example response available on request A template to complete an overview summary You will be required to: Answer the questions Provide concise guidance on local law Submit no more than 2,000 words in total We anticipate that this should take between two to three hours to complete. Report methodology, guidelines and timeline IFLR will: Distribute the Report questions in mid August Collate all responses in early September Analyse and present the responses Publish all results (including an at a glance table) with the October issue of IFLR Designing the Report structure and selecting contributors IFLR has worked closely with Milbank Tweed Hadley & McCloy to identify: Key jurisdictions across Europe, North America and Asia-Pacific Local expert firms operating within those jurisdictions Six main areas of cross-border financing to focus on: Bank licenses Taxes Collateral security Guarantees Enforcement Bankruptcy proceedings Key questions around these areas Methodology for comparing practice across jurisdictions Marketing and promotional activity IFLR will conduct the promotional activities detailed on page 4.

6 Appendix 2: selected IFLR subscribers When your firm partners with IFLR you have the opportunity to influence decision makers who subscribe to IFLR and who receive the free weekly . These are the leading buyers of legal services in Banking, Capital Markets, M&A, and Financial Regulation. They include: ABN Amro Accenture Addleshaw Goddard African Development Bank Air China Southwest Company Akin Gump LLP Allen & Gledhill Allen & Overy LLP American Express Anderson Mori & Tomotsune Anglo American Plc Anheuser Busch ANZ Bank Aon Asset Management Aon Risk Services Arab Petroleum Investments Corporation Arthur Cox Company Ashurst LLP Asia Commercial Bank Asia Mezzanine Capital Group Asia Pacific Mining Ltd Asian Development Bank Association of Financial Markets Australian & New Zealand Bank Australian Treasury Aviva Ltd AXA Bahamas Financial Services Board Baker & Mckenzie Baker Botts Banca D Italia Cons Legale Banco Central Argentino Banco Central De Chile Banco Central De La Republica Banco Central De Reservas Del Peru Banco De Espana Bank Austria Creditanstalt Bank of Albania Bank of America Merrill Lynch Bank of England Bank of Ireland Group Bank of Japan Bank of Korea Bank of Mongolia Bank of Montreal Bank of New York Mellon Bank of Uganda Banque Ouest Africaine De Barclays Capital Barclays Bank Plc Berwin Leighton Paisner Bhp Billiton Limited Binder Grosswang Rechtsanwalte Bingham Mccutchen LLP Blackrock BNP Paribas Board of Governors Fed Reserve BP British Land Capgemini Capita Insurance Services Capital Markets Board of Turkey Capital One Cb Equity Partners Gmbh Central Bank of Trinidad & Tobaga Chadbourne & Parke Citigroup Cleary Gottlieb Steen Hamilton Clifford Chance Clyde & Co LLP Cms Cameron Mckenna LLP Codetel A Verizon Company Cogent Partners Commerzbank Ag Commodity Futures Trading Commission Commonwealth Bank Control Risks Conyers Dill & Pearman Pte Ltd Cravath Swaine & Moore LLP Credit Agricole Suisse Sa Credit Lyonnais Credit Suisse Cuba Central Banco Daewoo Securities Daiwa Securities Smbc Europe Danish Bankers Association Davis Polk & Wardwell Debevoise & Plimpton Deloitte LLP Deutsche Bank DLA Piper LLP US Dubai Islamic Bank Duke Law School Easyjet Airline Co Ltd Edward Nathan Sonnenbergs Edwards Angell Palmer & Dodge EMI Ltd Ernst & Young European Bank For Reconstruction European Central Bank European Commission European Parliament Eversheds LLP Exxonmobil Federal Reserve Bank of Ny Federation Bancaire Francaise Financial Services Authority Fitch Ratings Fraser Milner Casgrain LLP Freshfields Fried Frank Harris Shriver Fulbright & Jaworski LLP GE Capital Gibson Dunn & Crutcher LLP Gide Lotrette Nouel Aarpi Goldman Sachs Grant Thornton LLP Gulf International Bank Harneys Hengeler Mueller Herbert Smith LLP

7 Hogan Lovells Intl LLP Honeywell Hong Kong Exchange & Clearing HSBC Ltd Hutchison Whampoa Limited Hyder Consulting Hydro Tasmania Hyundai Motor Finance Company IBM ICAP Indian Oil Corp Ltd Infosys Technologies Limited Ing Bank Inter American Dev Bank International Capital Markets Association International Monetary Fund Irish Stock Exchange Islamic Development Bank Istanbul Gold Exchange J & A Garrigues SLP J P Morgan John Deere Credit Jones Day K&L Gates LLP Kim Chang & Lee King & Spalding Intl LLP Kirkland & Ellis Inter LLP Korea University KPMG Latham & Watkins LLP Lazard Freres Lenz & Staehelin London School of Economics Loyens & Loeff Macfarlanes LLP Macquarie International Ltd Mannheimer Swartling Advokatby Maples And Calder Maritime & Port Authority of Singapore Mayer Brown International LLP Mcdermott Will & Emery LLP Mercedes Benz Mercer Capital Merrill Lynch Microsoft Corporation Milbank Tweed Hadley & Mccloy Ministry of Finance Finland Ministry of Finance Mexico Ministry of Finance Slovenia Mitsubishi UFJ Secs Intl Plc Mizuho Corporate Bank Ltd Monetary Authority Singapore Morgan Lewis Bockius LLP Morgan Stanley Morrison & Foerster LLP National Bank of Belgium National Grid National Trust Holding Company Natixis Nauta Dutilh Nestle Newedge News Corporation Nomura International HK Ltd Nordea Bank Ab (Publ) Norton Rose LLP Novartis International AG Nyse Euronext Oaktree Capital Mgmt LLC Ogier O Melveny & Myers LLP Ontario Securities Commission Opec Fund For Int Development Oracle Corp SA Orrick Herrington & Sutcliffe Oxford University Paul Hastings Paul Weiss Rifkind Petrobras Pillsbury Winthrop Shaw Pinsent Masons Pricewaterhousecoopers Proskauer Rose Prudential Rabobank International RBS Reed Elsevier NV Reed Smith LLP Resolution Asset Management Ropes & Gray LLP Royal Bank of Canada Salans Samsonite Corporation Samsung Santander Global Banking Saxa Equity Partners Securities And Futures Commission Shearman & Sterling LLP Shell Shepherd And Wedderburn LLP Sidley Austin Siemens AG Simmons & Simmons Simpson Thacher & Bartlett LLP Skadden Arps Slate Meagher Slaughter And May Smbc Nikko Capital Markets Squire Sanders & Dempsey Stagecoach Holdings Plc Standard Bank Stanford Law School Stephenson Harwood Stikeman Elliott Sullivan & Cromwell Svenska Handelsbanken AB Swiss Reinsurance Company The Blackstone Group LLP The Central Bank of China UBS Unilever Uniqlo University of Hong Kong US Department of Treasury Vinson & Elkins L.L.P. Visa Europe Volkswagen Volvo Treasury Ab Wachovia Bank Waitrose Walmart Stores Weil Gotshal & Manges LLP White & Case LLP Wilmer Hale Law Firm Wong Partnership LLP World Bank Yale University Zambia Competition Commission Zurich Financial Services Source: Active subscriber list for November 2012 print or weekly subscribers. Please note that future circulation lists will vary.

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