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Distressed and special investments have become a key area of opportunity for investment funds, and can include businesses with unwieldy capital structures, fundamental failures of basic operations and external dislocation events, as well as businesses unable to obtain traditional financing or engage in traditional M&A process. Our special situations and distressed investment attorneys are experienced in all stages of control investments, from opportunity analysis to efficient execution and exit and are well-versed on the unique needs of the world’s leading special situations and distressed investment funds. The group regularly advises on investments and acquisitions, lending and financing and in-court as well as out-of-court restructurings.

Cognizant of the tight timeframes associated with this investment strategy, our knowledge, resources and experience have been pooled to meet these demands, quickly and effectively.

We regularly analyze existing capital structure, advise on possible financing structures and structure transactions to protect our clients in the context of bankruptcy, restructuring, litigation or other adverse events. Our core team includes lawyers who are experienced in representing unsecured and secured creditors, ad hoc and official committees, debtors, trustees, and financing providers in all phases of in-court and out-of-court restructurings and workouts.

Over the years, we have been involved in all aspects of opportunities-based and distressed transactions, including helping our clients with respect to:

  • Analyzing investment opportunities and risk across complex capital structures
  • Advising on issues of interpretation of complex indentures and debt instruments
  • Evaluating and resolving securities trading, compliance and confidentiality issues
  • Debt and/or equity financing, including preferred stock and second-lien, high-yield, DIP and exit financings
  • Managing disputes on investments, compliance matters and investigations and inquiries
  • In-court transactions, such as Chapter 11 plans, Section 363 acquisitions and plan fundings
  • Out of court transactions, such as exchanges, rights offerings, going-privates, recapitalizations, mergers and investments
  • Advising on corporate governance, executive compensation, tax and ERISA matters
  • Portfolio company matters, including securities compliance, management and governance, reorganizations and dispositions
  • Ad-hoc and official committee representations
  • Control strategies, including LBOs, MBOs and loan equitizations