Restructuring

In financial restructuring matters, FischFayot typically assist with legal advice and help on the following:

  • Advising in relation to adjustments of the terms of existing debt, particularly in relation to local security (mainly pledges of over shares, bank accounts and receivables);
  • Debtor-in-possession” funding and emergency funding;
  • Migration or extension of security packages;
  • Pre-insolvency advice to lenders;
  • Advice to distressed debt buyers, lenders and creditors
  • Subordination agreements;

Operational restructurings often require quick and harsh changes which FischFayot will advise on and assist clients to implement, such as:

  • changes in management;
  • appointment of ad hoc managing team;
  • corporate mergers and company splits;
  • out-of-court settlements with providers;
  • labour law advice (which we would seek and obtain from outside experts);
  • fire sales and private auctions;
  • bankruptcy clawback / “suspect period” issues;

Finally, in milder forms of restructurings, FischFayot typically

  • assists companies in their dealings with lenders and other creditors;
  • helps the management fully understand directors’ liabilities in near-insolvency situations;
  • advises on management action and restructuring options,

If you have any questions for your company or for one of your clients, meet with Laurent Fisch or Franz Fayot and get a free and non-binding fee estimate.