Corporate distress is rarely a surprise to participants in the capital structure, and it usually rears its ugly head over a series of unfortunate events. Customer losses, an unfavorable shift in industry dynamics, delayed G&A cuts, covenant breaches, and dwindling liquidity are just a small...
The law surrounding distressed acquisitions has been evolving rapidly for the past decade. The loan-to-own strategy, in which a would-be buyer purchases existing debt at a discount as a tool to achieve ownership of the target company, has been one of the favored strategies of value investors...
Distressed investors often spend hundreds of thousands, or even millions, of dollars conducting diligence, negotiating transaction documents, and participating in uncertain auction and legal proceedings. The process is not for the faint of heart. A distressed investor may end up with the proverbial...
It has become increasingly common for foreign companies subject to pending insolvency proceedings abroad to utilize Chapter 15 of the U.S. Bankruptcy Code to achieve their global restructuring goals. However, despite the growing number of Chapter 15 cases, uncertainty remains as to the role of...
The U.S. oil and gas industry has continued to suffer substantial distress this year, with oil prices falling below $35 per barrel. Since late 2014, the industry has grappled with both severely depressed oil prices and burdensome debt levels. Global oil prices began trending lower in summer 2014 as...
Buying bankruptcy trade claims can be attractive for distressed investors, while also providing an important and necessary potential source of liquidity to a wide range of creditors. Buying unsecured debt or “claims” against companies that are in bankruptcy, however, is risky no matter how an...
Following high-profile decisions issued by the U.S. District Court for the Southern District of New York, the Trust Indenture Act of 1939 has been garnering significant attention in recent months. 1 In addition, amendments to the Trust Indenture Act were introduced that, if adopted, would have...
Investing in distressed assets can be a highly profitable modus operandi. However, whether distressed investors realize value can be predicated on a variety of factors, including transaction price, assessment of operations and achievability of the business plan, management execution, capital...
