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- Opportunity Amidst Crisis Webinar On-Demand Recording
Opportunity Amidst Crisis Webinar On-Demand Recording
This is an in-depth learning opportunity for business owners, corporate directors and officers, private equity professionals, and others seeking to learn the ins and outs of dealing with a financially distressed company – whether running one, buying one, or trying to get paid by one. This webinar is a multi-media improvisational “play” with audience Q&A, designed to teach:
- How companies and their directors and officers should conduct themselves when facing insolvency
- Strategic options available to financially distressed companies (friendly foreclosure, assignments for the benefit of creditors, chapter 11, etc.)
- How to spot opportunities to purchase financially distressed companies & the various strategies and mechanisms available to do so
- How to structure a deal (Equity v. assets? Hard v. soft assets? Going concern v. pieces)
- The vendors’ perspective
- How the impact of COVID-19 plays into all of the above.
Agenda
Act I – Looking in the Mirror
(Understanding the Company’s Current Position)
- Scene 1 – What’s Your Problem?
- Scene 2 – Your Problem Is Someone Else’s Opportunity.
- Scene 3 – Your Problem Is Going to Be Lots Of Other Peoples’ Problems.
- Scene 4 – Who Ya Gonna Call?
Act I – Key Lessons:
- How to identify a distressed business’s problems
- Tricks of the trade – quick fixes for the most common problems
- The 13 Week Cash Flow
- How vulture investors operate, how they can hurt, and how they can help
- The differences between the need for an operational restructuring vs. financial restructuring
- How to decide whether to fix it or flip it
- How to manage communications with various creditor constituencies
- How to locate, interview, and hire professionals who can help
- Vocabulary lessons: debtor, debtor-in-possession, assignor, fraudulent transfer, preference, fiduciary duty, cash collateral, DIP financing, priorities, first day motions, reorganization, liquidation
Act II – Debating & Deciding
(Understanding the Company’s Options)
- Scene 1 – Not Every Problem Is a Nail, Not Every Solution Is a Hammer.
- Scene 2 – White Knights, Stalking Horses & Loan to Own Players.
- Scene 3 – What Do You Want, What Do You Really Really Want?
- Scene 4 – Pull the Trigger…Pull a Trigger.
Act II – Key Lessons:
- The various legal regimes – how a business can reorganize or sell itself: Article 9 sales, assignments for the benefit of creditors, bankruptcy, chapter 7 vs. chapter 11, “regular” chapter 11 vs. subchapter V chapter 11
- Key Drivers, for example: Personal guarantees, where the business is located, whether there is a secured lender with a lien on all assets, whether you think others will come and bid at an auction for your business
- How to determine your goal and how to determine it is realistic
- Why analysis paralysis can be fatal & how to avoid it
Act III – Door #11
(What Chapter 11 and its Alternatives Look Like – A Deep Dive)
- Scene 1 – Chapter 11 Basics
- Scene 2 – Comparing Chapter 11 to Its Alternatives
- Scene 3 – Happy Endings
- Scene 4 – Not So Happy Endings
Act III – Key Lessons:
- How to file chapter 11
- How to file a successful chapter 11 – a broad overview of what a chapter 11 case is
- The biggest risks of chapter 11
- Why subchapter V of chapter 11 can be a huge boon for owners of companies with less than $7.5 million (and maybe significantly more) of debt – due to COVID-19
- How different facts about your company can make chapter 11 a better or worse option than its alternatives
Panelists
- Brian Boorstein, Granite Creek Capital Partners
- Michael Brandess, Sugar Felsenthal Grais & Helsinger
- Matthew Brash, Newpoint Advisors & Subchapter V Trustee
- Christopher Cahill, L&G Law Group
- Stephen Darr, Huron Consulting Group
- Jonathan Friedland, Sugar Felsenthal Grais & Helsinger
- Bruce Goldstein, Amherst Partners
- Joe Greenwood, Livingstone Partners
- Jay Heilbrunn, The Distributor Board Inc.
- Dimitri G. Karcazes, Goldberg Kohn
- Gregory A. Lafin, BKD Capital Advisors
- David Lorry, Versa Capital Management
- Robert Miller, Rosenthal & Rosenthal
- Greg Plotko, Richards Kibbe & Orbe
- Aaron Todrin, Second Wind Consultants
- Jeffrey T. Varsalone, G2 Capital Advisors
Corporate Sponsors:
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