Distressed M&A

Thompson Hine regularly represents buyers and sellers of businesses in financial distress, as well as creditors of such businesses. Our clients in distressed transactions include public companies, private equity firms, financial institutions, and private businesses. Our multidisciplinary deal teams include lawyers with all the necessary knowledge and experience get to closing.

We also assist in resolving post closing issue including the possible use of transactional insurance such as representations and warranties insurance and tax insurance to minimize risks and enhance returns.

No matter the expertise required, we will plan, budget, staff and manage your matters to provide our services as cost-efficiently as possible while maintaining high quality client service. We are industry leaders in developing and implementing alternative fee arrangements tailored to our cleint's particular needs or transaction at hand. We are experienced with a variety of retainer and fee structures, including blended rates, fixed fees by project or phase, contingencies and success fees. We take pride in delivering outstanding value and exceptional client service on a cost-effective basis.

We are distinguished by having experience in the full range of Distressed M&A transaction structures, which include:

• Chapter 11 plans of reorganization
• Asset sales pursuant to 11 USC § 363
• Receiverships under federal or state law
• Assignments for the benefit of creditors
• Second party sales under article 9 of the UCC
• Consensual recapitalizations or short sales
• Purchases of debt

Each of these alternatives has a different mix of cost, speed, risk, and certainty. Each is appropriate for the right circumstance. Our job is to understand our client, master the facts, identify the right structure for our client, and properly implement the suggested course of action.