Distressed investment – an opportunity in a changeable market


Author: Jeremy Whiteson


“The fishermen know that the sea is dangerous and the storm terrible, but they have never found these dangers sufficient reason for remaining ashore.” (Vincent Van Gogh)

The UK’s vote on 23 June to leave the EU heralded new and challenging times for the business community. However, it also introduced opportunities.   For bold purchasers, these conditions offer chances to acquire businesses or assets at good prices. For ambitious entrepreneurs, this may open the way to expand market share (aided by the announcement this week of the lowest corporation tax rates in the OECD). For inward investors, the drop in sterling means affordable prices.    Fladgate are committed to supporting our clients in the new environment. We have lived with distressed deal structures and restructuring techniques for many years.    For a user friendly introduction to structuring distressed investments, see our three part guide to structuring distressed investment deals:

Part 1 – New environment – new opportunity (click here for PDF)

Part 2 – Deal structures – ten ways to save a business (click here for PDF)

Part 3 – Distressed businesses – devising a deal strategy (click here for PDF)

Recent additions to our capabilities in this field mean that we are in a unique position to assist the distressed investment market. To optimise this service we have brought together professionals from a number of our disciplines into our new Distressed Investment Group. The group combines:

  • a results driven transactional team of creative business and property lawyers;
  • highly skilled specialist advice on restructuring and contentious insolvency;
  • a depth of expertise in debt and equity finance;
  • a world-wide reach with deep immersion and foreign language skills in German speaking Europe, Russia/CIS, India, Israel, the Middle East and Africa;
  • fund formation and regulatory skills; and
  • corporate and personal tax structuring.

We are also happy to help with refinancing, advice to directors of troubled businesses, implementation of turnaround strategies and, if necessary, insolvency procedures.

Jeremy Whiteson, Partner, Fladgate LLP (jwhiteson@fladgate.com)

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