In times of structural changes in the local and global economy, distressed assets can be an attractive option for investors looking for unique opportunities.
Companies in liquidity crisis, companies in judicial recovery, bankruptcy filings, operational and financial creditors restricting credit, layoffs, contingencies, unit closures, and contract breaches. This is a scenario of Distressed M&A, which refers to acquisition operations involving companies/assets that are in a state of distress, facing risks of continuity and operational, market, and financial inviability.
Distressed M&A stands out in the world of mergers and acquisitions involving financially troubled companies or isolated assets, with the aim of revitalizing them and generating value. Despite the risks, these assets can be acquired at attractive prices, albeit with high risks, potentially yielding significant returns if the business recovery is successful.
The Law on Judicial Recovery and Bankruptcy has brought significant maturity to the market by allowing certain assets to be isolated from the stressed company and sold separately from corporate control. This protects the investor from certain liabilities of the selling shareholders, thereby providing greater legal security in the operation.
A successful operational and financial turnaround before resorting to judicial recovery, a well-structured debt restructuring, an extrajudicial recovery, or a solid plan for judicial recovery once the judicial recovery mechanism is activated, even to prevent bankruptcy, will offer buyers and creditors a clear environment of vision, objectives, and goals for business recovery and the resumption of activities at the best and most efficient level possible.
Certain acquisition structures should be observed and studied alongside expert advisors and lawyers, such as capital subscriptions, full or partial assumption of liabilities, capital structure strengthening, acquisition of the company or isolated assets, early debt maturities in case of transfer of corporate control, and a precisely focused due diligence aimed at identifying and calculating all risks, including in full succession scenarios, to provide data on the worst-case scenario.
In times of structural changes in the local and global economy, troubled assets can be an attractive option for investors seeking unique opportunities.
We invite you to seek professional guidance from Terus Consultoria as an advisory in distressed M&As.
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