Focused on Innovative Credit and Capital Market Strategies for the Most Complex Business Issues
Morrison Foerster’s Special Situations team has substantial experience in guiding a diverse range of global stakeholders through event-driven business opportunities and stressed situations. This includes providing counsel to borrowers and issuers of both public and private securities, various creditors, equity holders, new investors, boards of directors, and senior management teams.
We take a multidisciplinary approach, collaborating across our market-leading practices, including Finance, Business Restructuring, Private Equity, M&A, Real Estate, Capital Markets, Tax, Private Funds, and Litigation to comprehensively address our clients’ business needs and objectives. We are nimble and focused on developing creative capital solutions and corporate transactions that maximize value for our clients across a wide range of industries, including life sciences and healthcare, technology, consumer products and retail, ESG, and real estate.
We guide clients on innovative financing structures and have a deep understanding of current market terms, industry trends and nuances, and optimal transaction structures.
In addition to our regular-way capital raising advice, we advise our clients on debt and capital markets transactions in numerous other unique or ‘special’ situations, including in connection with:
Direct and syndicated lending
Acquisition finance
Public and private offerings of debt securities
Subordinated and mezzanine lending
Preferred securities and convertible debt and equity instruments
Deleveraging transactions, including tender offers and negotiated repurchases of debt, dividends, and recapitalizations
Pre-IPO and public transactions
We have a sophisticated understanding of the full range of stressed and distressed investments, including analysis of credit terms and potential credit transactions such as:
Refinancings
DIP financing
Bridge loans
Distressed debt exchanges
Maturity extensions
Forbearance agreements and amendments to credit documents
Restructuring support agreements
Distressed and par loan purchase and sale agreements
Bespoke asset-backed facilities
Exit financings
In-court and out-of-court enforcement options and exercises of remedies including foreclosure, enforcement of guaranties, and litigation
Our team has extensive experience counseling independent directors and boards of stressed companies, as well as other clients, on a range of issues including:
Fiduciary duties
Liability management transactions
Change of control transactions
Strategic asset sales and purchases
Crisis litigation and crisis management
Federal and state restructuring solutions