Distressed Situations

Advice on buying, selling and investing in distressed businesses and assets

The financial restructuring team advises clients seeking to buy, sell or invest in distressed businesses and assets, both in and outside of Chapter 11 cases. We design and execute transactions in the form of asset sales, stock sales and recapitalizations, including execution of various forms of capital raising to consummate the transaction.

Our lawyers advise acquirers of the securities of distressed businesses through:

Debt for equity exchanges
Waivers, amendments and forbearances
Recapitalizations
Consensual and non-consensual restructurings
Analyzing legal and structural issues and investment considerations
Claims trading in distressed enterprises

Guidance throughout the transaction’s life cycle

We advise acquirers of distressed businesses throughout the life cycle of the transaction. In the early stages, we issue letters of intent, perform due diligence, negotiate fees and obtain bidding and successor liability protections. We continue guiding the client every step of the way, including during the final stages when we apply to the bankruptcy court for approval of documentation and closing purchase and sale transactions.

Piloting investors through regulatory complexities

For private equity, hedge and other investment funds raising money and investing in distressed debt and equity, the team brings together the firm’s transaction and litigation lawyers to navigate complex regulatory issues. These include antitrust and competition regulation, employee benefits and ERISA matters, environmental compliance, securities laws and tax issues. We also help arrange distressed debt and equity financing and create alternative investment vehicles.