Page 156 - ΝΑΥΤΙΚΑ ΧΡΟΝΙΚΑ - ΜΑΙΟΣ 2023
P. 156

SHIPPING FINANCE



         During the past 15 years, the shipping finance market has been no stranger to signifi-
         cant changes to the financing landscape and 2023 has already proven to be no exception.














                          THE RECENT BANKING

                          CRISIS AND ITS IMPACT

                          ON THE GREEK SHIPPING

                          SECTOR
















                                           As with any reshuffling, this means both challenges and
                                           opportunities.
                                           Over the years, a range of factors has led to banks and
                                           other financiers leaving the maritime sector. This includes
                                           banks’ nationalisation (rendering lending to the maritime
                                           sector a hard sell to its new stakeholders), greenwashing
                                           concerns, overexposure to a sector that’s underperforming
                                           (for instance at the time of the offshore crisis) and general
                                           concerns about the inevitable cyclicality and volatility of
                                           the market which can negatively impact financiers’ balance
                                           sheets.
                                           In respect of banks. the sector’s saving grace is often that
                                           shipping is usually a small and relatively uncorrelated part
                                           of their portfolio. Fluctuations will therefore not necessarily
                                           have a significant impact or be affected by general policy
                                           changes.
                                           Usually, when a bank/financier looks to leave the maritime
                                           sector, it will ideally aim to sell its business as a whole.
                                           However, this has generally proven to be difficult to achieve,
                                           typically leading to banks selling their portfolio either as a
                                           whole or, more commonly, piecemeal. From a legal perspec-
                                           tive, this will usually be a rather straightforward exercise,
                                           particularly for syndicated transactions which are built to
                                           cater for this eventuality. However, particular regard needs
          by Evi Platsidaki,               to be had to matters such as the bank’s disclosure rights (eg
          Partner, Solicitor, qualified    to potential transferees) and any consent or notice require-
          in England & Wales Norton Rose
          Fulbright Greece                 ments vis-a-vis their borrower and to the transfer of the
                                           security. Such transfer will need to be effected in accor-


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