Address
Phone
EmailDISTRESSED M&A
Our Distressed M&A activities
cover the following main areas
In the context of an acquisition, we act predominantly for an acquirer, a company, a group and/or their shareholders
which may involve in particular:
- drafting or assisting with the drafting of the LOI and setting a timetable,
- conducting due diligence, Q&A (management and/or investment banking, etc.), from a corporate, commercial, litigation and restructuring perspective,
- assisting with the preparation and structuring of the final offer,
- assisting prospective purchasers in their dealings with ad hoc representatives, conciliators or the CIRI,
- assisting the prospective purchaser in discussions and negotiations with the sellers and their advisers, the works council and/or employee representatives and their advisers,
- assisting the proposed acquirer in discussions and negotiations with the target’s creditors and, where appropriate, with the target’s customers and/or suppliers and their advisers,
- negotiating and, where necessary, drafting any acquisition related deeds such as memoranda of understanding, acquisition agreements, asset and liability warranties, corporate documentation and financing documentation,
- assisting at approval hearings where appropriate,
- organising and managing signing,
- organising and managing closing,
- managing any subsequent notifications and requests (price adjustment procedure, etc.),
- assisting with acquisition related litigation.
In the context of a sale, we act predominantly on behalf of the shareholders of a company or group
which may involve in particular:
- opening an ad hoc mandate or conciliation procedure to contain the discussions, possibly under the aegis of CIRI or DIRE,
- assisting the company or group in its discussions and negotiations with its creditors and, where appropriate, with some of its customers and/or suppliers,
- reviewing the information memo prepared by the investment bank,
- determining a timetable in collaboration with the ad hoc representatives or conciliators and the investment bank,
- participating in due diligence, Q&A (management and/or investment banking, etc.), from a corporate, commercial, litigation and restructuring perspective,
- assisting with the review and negotiation of any bids received,
- negotiating and, where necessary, drafting deeds relating to the sale – conciliation agreement, acquisition agreement, guarantee of assets and liabilities, corporate documentation,
- attending approval hearings where appropriate,
- organising and managing signing,
- organising and managing closing,
- managing any subsequent notifications and requests (price adjustment procedure, etc.),
Our expertise in M&A – Private Equity also covers