Distressed Transactions

Timing is crucial in a distressed business scenario. As the economic fallout from the COVID-19 pandemic progresses, we will help you quickly and successfully navigate the challenges and opportunities arising from distressed transactions.

Integrated, Comprehensive Solutions

Members of our national M&A, Bankruptcy & Restructuring and Private Equity groups will provide integrated advice to resolve complexity and achieve the best outcome in these challenging and unpredictable circumstances. We have the experience and expertise to advise on every type of distressed transaction, including investments, acquisitions, divestitures, sourcing opportunities, clearing regulatory challenges, structuring loan-to-own transactions and stalking-horse bids, in both debt acquisitions and turnaround transactions.

We provide assistance on a wide spectrum of issues related to distressed transactions brought about by COVID-19 turbulence – whether in the context of a court-approved process (under the Companies’ Creditors Arrangement Act (“CCAA”) or the Bankruptcy and Insolvency Act (“BIA”)), or an out-of-court transaction involving a publicly traded or private business. Our expertise includes:

  • Advising distressed businesses in determining the appropriate CCAA and BIA tools to implement in order to create the conditions for a successful restructuring
  • Assisting investors with investment opportunities within the distressed space, including providing bespoke advice and practical strategies to best manage risk and maximize outcomes when dealing with a distressed business
  • Advising buyers and sellers on the range of challenges arising from out-of-court transactions, such as a heightened assessment of business vulnerabilities, the treatment of assumed liabilities and issues relating to transition services and post-closing indemnity