Debt and equity restructuring is a common and useful exercise in the marketplace. Oftentimes, entities require a recapitalization, refinancing, or restructuring with their stakeholders. We have represented debtors and lenders in out-of-court workouts in various industries including real estate, construction, healthcare, transportation, oil and gas, technology, manufacturing, and retail.
For those in need of a modification of their capital structure and don’t want or need to enter a bankruptcy or insolvency process, Clark Hill attorneys are experienced in the workout process and can negotiate these agreements for clients in many industries with an understanding of the appropriate market terms with an eye toward creativity to craft the most economically advantageous structure for the stakeholders.
Our group recognizes the advantages of out-of-court restructurings and will work with clients to avoid the time, expense, and uncertainty associated with judicial proceedings.
Executing a workout can provide many advantages for parties eager to avoid bankruptcy. The voluntary process offers debtors the opportunity to restructure a portion or all of their debts in a cost-effective and private manner. Lenders benefit by conserving resources that would be spent to collect the loan, avoid liquidation, and provide an opportunity for the loan to be brought into compliance.
Our attorneys approach workouts with an understanding of the need for assistance with loan redocumentation, potential equity structure modifications, crisis management, and consultation with other business advisors. We tailor our services to fit the needs of each situation and work seamlessly with our litigation, corporate and securities, tax, and real estate groups to address matters with a broad perspective.