Having spent the past 18 years at SB360 Capital Partners (formerly SB Capital Group), I can say with certainty that the turnaround industry has evolved. What surprises me most is how we have been forced to change our own industry, even though at times it didn’t seem broken. But if you think about...
  • What can an issuer do to preempt or address activist pressure?
  • How can boards prepare for activist situations?
  • How do the dynamics of activism change post-restructuring?
  • How should post-restructuring boards respond to activism?
  • What are the key post-
  • ...
  • What are the key strategies and effective responses for other issues and activists?
  • What are key considerations from a valuation perspective?
  • What are primary tactics to implement a solution?
  • What conflicts can arise in activist situations?
  • What are key
  • ...
  • Who are today’s activist investors?
  • What are the goals of today’s activist investors?
  • How do today’s activist investors achieve goals?
  • What are early warning signals of potential activist interest?
  • What are the key factors for issuers to consider?
  • ...
The past few years have brought a number of large rights offerings in bankruptcies in the energy, healthcare, and retail sectors. Between January 1, 2015, and December 1, 2017, more than $5.5 billion was raised through rights offerings or private placements in more than two dozen large bankruptcy...
The distressed investor considers investing in securities of companies that are either in bankruptcy or are approaching bankruptcy. Typically, these companies have outstanding claims greater than the value of the assets and are experiencing difficulty in servicing their debt. There is a real...
In the robust financing environment of 2017, commercial bankruptcies leveled off from credit-crisis highs. Through the first three quarters of 2017, commercial bankruptcies totaled 17,371, a significant decline from the 2009 peak year, when 45,510 commercial bankruptcies were filed in the first...
Corporate distress is rarely a surprise to participants in the capital structure, and it usually rears its ugly head over a series of unfortunate events. Customer losses, an unfavorable shift in industry dynamics, delayed G&A cuts, covenant breaches, and dwindling liquidity are just a small...
Distressed investors often spend hundreds of thousands, or even millions, of dollars conducting diligence, negotiating transaction documents, and participating in uncertain auction and legal proceedings. The process is not for the faint of heart. A distressed investor may end up with the proverbial...
Following high-profile decisions issued by the U.S. District Court for the Southern District of New York, the Trust Indenture Act of 1939 has been garnering significant attention in recent months. 1 In addition, amendments to the Trust Indenture Act were introduced that, if adopted, would have...