The operations that are usually part of this professional practice are developed in a scenario of financial stress for the debtor or debtors involved in which, unfortunately in many cases, the future viability of the business may be seriously threatened.
The above requires not only the appropriate technical-legal knowledge for the search of the best solutions that make the operation viable, but also an adequate capacity for the search of tailor-made creative solutions and the best management of the matter in relation to the different aspects of the operation (human, business, strategic, commercial, etc.) that guarantee its success, obviously beyond the strictly legal ones.
Our professional services will always be aimed at the success of the operation and, therefore, at guaranteeing the viability of the business of the debtor or debtors affected, trying to avoid at all times traumatic and unforeseen outcomes that could ultimately lead to the bankruptcy of the debtor or debtors, or even the liquidation of the business.
Our services will always be developed in coordination with professionals belonging to other practice areas of the Firm with experience in this type of operations (e.g. bankruptcy, tax, labor, etc.) whose participation is necessary according to the needs of the operation. In particular, we work in special coordination with the Firm's Insolvency Department for the adequate design of the debt instruments and guarantees that are the object of the operation and a correct monitoring of the risks that may be incurred, in both cases with a view to an eventual future insolvency scenario.
The main professional services as legal advisors to any of the parties involved in the transaction are, among others, the following:
- Design of the legal structure of the debt instruments and guarantees of the operation
- Preparation and negotiation of contractual documents, among others:
- Stand still agreement
- Framework refinancing agreement
- Warranty package
-Application for judicial approval of the refinancing agreement
- Execution of one-off asset divestment agreements
- "Shielding" and judicial approval of the refinancing agreement