Workouts and restructures

gadens lawyers' understand that in difficult economic times our corporate, property and financial services clients may face challenges in meeting obligations to their stakeholders, completing ventures or recovering debt owed to them.

Many of our clients wish to avoid litigating or putting their counterparts into any kind of formal administration and seek a negotiated restructure or workout of commercial and debt issues.

Where companies are under stress you may need advice and assistance in restructuring or re capitalising your company.

gadens lawyers' have put together a multi disciplinary team of partners from our Corporate, Property, Financial Services and Litigation and where necessary our Workplace Relations teams to think laterally and try and help you either:

• restructure your transaction or if necessary help you find an orderly exit
• reorganise the company to facilitate additional capital from private or public sources
• assist and advise participants, be they shareholders, directors, lenders or sponsors
• restructure your employment arrangements to effect improvements in business performance
• avoid adverse publicity and spending time and costs on court actions

gadens lawyers' will also pursue new opportunities for our clients to come into transactions and take part in the restructure.  Our workouts and restructures group works with a network of insolvency practitioners, financiers, high net worth private investors and advisory groups to re-set deals or restructure entities through:

• debt and property workouts – including pre insolvency debt work out deeds allowing a financier to monitor the orderly sale of the borrowers secured property assets thereby harnessing the skills of the borrower to maximise returns while giving financiers the comfort that their position is protected
• restructures and debt and asset purchases and divestments
• deeds of company arrangement (DOCA)
• acquisition – management buyouts, leveraged buyouts, public to private transactions, succession, purchases from receivers/administrators and ACCC "forced" divestments
• leveraged financing
• exit strategies including trade sales, IPO, merger, strategic alliance, joint venture and secondary buyouts
• private equity and venture capital investment

experience you can rely on

• acting for a number of property financiers on due diligence of stressed assets, negating debt workout deeds – dealing with the orderly sale of the assets over agreed timetables
• Trade sales of certain business lines of distressed companies in agribusiness, manufacturing and hospitality industries
• private equity investment in an information technology and software company servicing the financial services industry
• advising directors of a company before and during voluntary administration, assisting the company upon entering a DOCA in relation to recapitalization, effectuating the DOCA and application to relist on ASX
• advising on sale of leasehold hotel assets in circumstances where vendor entered into administration prior to completion
• advising a range of significant employers in implementing large scale redundancy programmes

contacts

security enforcement
Justin Bates E jbates@nsw.gadens.com.au
Campbell Hudson E chudson@nsw.gadens.com.au

corporate advisory / mergers and acquisitions
Charles Cowper E ccowper@nsw.gadens.com.au