Transaction & Structuring Support

Buyers, sellers, lenders and borrowers need access to expert advice to help with negotiating transactions and formulating contracts. We have extensive experience managing competing objectives, resolving stakeholder disagreements, preparing for and working on challenging and complex transactions for both performing and distressed companies.

Key Area 1: Pre-lending due diligence

Banks, syndicates, investment banks, fund managers, finance companies and private lenders all require transaction support when deciding to lend money. We provide analysis of the key risks and the future potential of the borrower to repay a loan, along with advice on how to structure such transactions.

Key Area 2: Sell-side support services

Firms wishing to sell assets or businesses require assistance to maximise the value they receive from these transactions. We help our clients get the most value out of a divestment by providing an in-depth analysis of risks and issues that could have a material impact on value. We work diligently to meet transaction timelines, manage access to information through data rooms, maximise competition between bidders, and not disturb the operation of day to day business to ensure we get the best outcome for our clients.

Key Area 3: Debt restructuring and refinancing

Restructuring debt will allow a company to avoid default on existing debt or take advantage of lower interest rates. This will be a mutually beneficial alternative to liquidation for both lenders and borrowers. We work with borrowers to communicate and negotiate with lenders to ensure optimal outcomes when deciding to refinance or restructure debt agreements.

Key Area 4: Safe Harbour

In September 2017 the Treasury Laws Amendment Bill was passed to provide an exception to the insolvent trading regime. The Bill provides directors scope to develop a strategy that is reasonably likely to provide a better outcome for the company than appointing an administrator or liquidator immediately. The ‘Safe Harbour’ protects directors from insolvent trading liability arising from debts incurred whilst enacting this course of action.

Hiring an experienced insolvency practitioner is the most suitable starting point for any such course of action. We work with directors and their advisors to provide safe harbour advice as part of a broader restructuring solution designed to address the better outcome test.

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