Restructuring

Distressed M&A or distressed advisory – we show you the path to a 2nd chance within a corporate crisis for all involved parties.

 

We are aware that companies in crisis, before, during, and after the starting of insolvency proceedings, pose a special challenge for the management or the shareholders. However, these situations can also harbor unique opportunities for smart players.

We may provide you our professional advice from many successfully completed transactions taking into account, the specific liability and management risks in corporate restructurings.

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Distressed deals – opportunity and risk – M&A in crisis or insolvency

Despite time pressure and liability risks, we implement special tools to develop structures that are specifically tailored to your interests, needs and investments.

The company’s crisis provides a great opportunity for a systematic reorganization of assets and liabilities, e.g. via a debt-to-equity swap or by discarding old structures that are no longer economically viable.

 

We are familiar with the customs and know many of the market participants. We are aware of the distinct time pressure attached to imminent or pending insolvency proceedings. We know that in addition to the analysis and valuation of the company, parts of the company or other individual assets to be acquired, there is a definite time frame in which appropriate legal structures and measures are to be attained to stabilize the object of purchase.

 

We support you in your managerial, entrepreneurial, and or financial investment functions, especially if you are from abroad. With our personal, long-standing, and professional expertise from many deals, we support you in a successful takeover of companies in crisis with all legal and factual minutiae while accompanying your operational measures in the best possible way.

 

In many cases, the workforce has to be adapted to suit new economic conditions and altered production processes. Our team accompanies you in the elaboration of the acquisition concept, the negotiation, and conclusion of interest reconciliations and a “social plan”, to meet German legal requirements. All these measures including the works council and the trade unions as partners are essential to re-organize and transfer the company’s business and financing to a prosperous and successful future with its new shareholdings and/or managers.

Distressed Advisory – Second Chance for Financiers, Shareholders, and Management

Identifying a crisis as an opportunity for a re-launch

Mastering challenges and utilizing special potentials

 

We are familiar with the condition that companies in crisis, i. e. before, during, and after  insolvency proceedings. These times pose special challenges for the management, shareholders, and/or financiers. Nevertheless, these circumstances do offer special opportunities and prospects for all stakeholders and managers.

 

This specifically applies to proceedings similar to chapter 11 proceedings such as “Schutzschirm-” and similar proceedings where shareholders and/or management  self-administer the insolvency. With our expertise from many deals and our professional and profound advise we will accompany you as shareholder or manager taken into account your specific liability and control risks. Above all, we will spotlight the opportunities that lie within the various procedures and legal options and will advise you to induce the most desirable outcome.

 

Frequently, the adjustment process also affects the workforce in part or as a whole, to meet the change process, reorganization or partical shut down. Our team will assists you in the preparation, negotiation, and conclusion of reconciliation of interests and social plan, as well as other labor law means and measures.

Special risks of distressed deals, Special opportunities for distressed deals, MBO’s in distressed companies, Foreign acquirers in German insolvency proceedings, Asset or share deal in insolvency proceedings, M&A guarantee insurance in distressed deals, Retainer payments for foreign bidders, Third-party rights in insolvency proceedings, Special features in the transfer of employees, Acquirer concept, Transfer companies, Protective shield (Schutzschirmverfahren), Self-administration, Plan insolvency, Collective reorganization agreement, Debt-to-equity swap, Financing instruments in a crisis, Merger as a structural reorganization option, acquisition financing in distressed deals, Cross-border insolvencies.

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