One of your favorite clients is Special EX Co., a Saudi Arabian company that has been rapidly growing. The president regularly seeks your guidance on legal issues it may confront. Many times, these are matters you have never dealt with before, but you have always done research and come up with answers that she accepts and advice that she implements.

The president came to you this morning and shared confidentially that Special EX has been quietly negotiating for the purchase of an office/warehouse property (Property) in a foreign country (Country X). The Property will cost US$30,000,000. This is the first time Special EX will own real estate outside Saudi Arabia, and the first time that Special EX will have to borrow US$20,000,000.

Despite the apparent risk associated with borrowing this much money and owning a building in Country X, where Special EX does not yet have other operations, President believes this is a sure thing. She tells you she is simultaneously negotiating with Timid, Ltd., a company formed in Country X, to lease the Property for thirty years on terms extremely favorable to Special EX (the Lease). Their accountant has calculated that the rents to be paid by Timid will allow Special EX to make at least $2,000,000 in profits each year, and to pay off the 20-year loan in only 8-10 years.

However, the president has a concern: Timids CEO and sole shareholder, Stefan. Stefan, who is a citizen of Country X, has agreed to personally guarantee Timids payments under the Lease. But, Stefan had filed for individual protection from his creditors under County Xs bankruptcy laws three years ago. The Chief Operating Officer of Special EX has told the president he is concerned that at the first signs of financial stress, Stefan will file for bankruptcy again, for himself and/or for Timid.

1. How long has Country X had their current bankruptcy laws in place?
2. Is Special EX, a Saudi company, protected under Country Xs laws?
3. Should Special EX create a new company in Country X to own the Property?
4. Does Stefans prior personal bankruptcy prevent him from filing for bankruptcy protection again? [
5. If Timid files for bankruptcy protection, what rights does Special EX have to terminate the Lease?
6. If Timid files for bankruptcy protection can Special EX demand payment of all amounts still owed under the remaining term of the Lease?
7. Will your advice change if the Lease contains a clause that terminates the Lease automatically upon Timid filing for bankruptcy?
8. Will your advice change if the Lease contains a provision that accelerates all rent payments upon Tenant or Stefan filing for bankruptcy protection? points]
9. If COVID-19 becomes a problem again and negatively impacts Country Xs economy, should Special EX worry that Timid will have an easier time terminating the Lease and its liabilities under it?