Although capital markets instability and economic uncertainties are unnerving, they also create significant opportunities for investors. Olshan’s Distressed Investing Group helps investors capitalize on these opportunities and assists owners of distressed assets in special situations and distressed M&A transactions that maximize value.
Experience, Perspective and Swift Action
Drawing on our deep knowledge of the market and our experience in business reorganization, finance, corporate and tax law, our Distressed Investing Group attorneys assess distressed investing situations and counsel clients in buying and selling distressed assets. We advise on due diligence, test investment theses, address trading issues, develop “loan-to-own” strategies, and handle asset purchases, out-of-court business restructurings, and bankruptcy cases.
With unique perspective gained from decades of experience, we act quickly while minimizing risk, navigating the often-complex rules that characterize bankruptcy cases, foreclosures, UCC sales, liquidations, Section 363 sales, reorganization plans, receiverships and other scenarios involving the disposition of distressed assets.
Capital Structure Analysis
When assessing a distressed investment opportunity, we thoroughly review the company’s capital structure, including the relative rights of the stakeholders, outstanding debt and equity securities, intercreditor agreements, loan agreements, debt covenants and governance provisions. We are also adept at analyzing multi-lender syndicates and developing strategies to maximize returns for our clients.
Litigation And Due Diligence
Our attorneys advise on all aspects of due diligence, analyze credit and equity values based on the market’s view of significant litigation, and use that information to help investors in distressed assets valuate their investments.
Bankruptcy Sales, Alternative Investment and Financing Strategies
Highly regarded for our bankruptcy knowledge and financial acumen in distressed transactions, we guide investors in developing and implementing alternative investment and financing strategies, including out-of-court foreclosures, distressed debt purchases, credit bids and the use of existing debt securities to confirm a reorganization plan.
Distressed M&As
Olshan attorneys also represent private equity, hedge fund and other private investors in distressed mergers and acquisitions, whether as a stalking horse bidder, an auction participant or by way of sponsored or stand-alone reorganization plans.
Distressed Real Estate
Leveraging our knowledge of traditional real estate law and applying cutting-edge insolvency strategies, we assist our buyer and seller clients in best positioning themselves to dispose of or acquire distressed real estate assets and mortgages and represent them in and out of court.
Determining the Best Path Forward
We analyze the legal issues, costs, risks and benefits to help clients determine whether an out-of-court restructuring or a sale is advantageous, and if so, advise them on all aspects of the process, including corporate governance and securities law issues, amendments, consent solicitations or exchange offers and related tax implications.
Our attorneys also have extensive experience in implementing prepackaged or prearranged Chapter 11 cases to achieve contractual restructurings efficiently and cost-effectively.
