There are a wide range of formal restructuring and resolution frameworks available to corporates and their financial stakeholders.
A clear understanding of your options and the clear path to implementation is crucial as you decide how best to protect, restore, and enhance value.
We act across the full range of deal size, complexity, and geography and our core services are:
Insolvent Liquidations
When a company is insolvent, key stakeholders seek our appointment as liquidators. We create a respectful partnership with stakeholders to maximise the realization of assets and ensure a legally fair distribution. We understand the risks and likely issues and realise the importance of creating the right balance while maintaining control.
Restructuring
Provisional liquidation, the closest equivalent to US Chapter 11 and UK Administration in Bermuda, can be used in its own right, or to support rescue proceedings in other jurisdictions. We have deep insights regarding planning and implementing restructurings worldwide, with sensitivity to differing guidelines and governance.
The appointment of provisional liquidators provides clients with a moratorium on creditor actions and, through independent oversight, Interpath can bring credibility in negotiations, scrutinise any restructuring plan – such as a Bermuda scheme of arrangement, and work on contingency planning.
A scheme of arrangement is a court supervised procedure which allows a company to restructure its debts or obligations, with the approval of creditors and the Court. Once approved, the terms of the scheme become legally binding on all stakeholders.
Receiverships
Interpath regularly takes appointments when a company defaults on its loan obligations and secured creditors seek a remedy to recover amounts outstanding, or when a judgment creditor seeks to recover property belonging to the judgment debtor. Interpath’s practitioners are well known for their ability to take control of assets subject to dispute and are often appointed by the Court to do so while disputes are resolved.
Whilst each case is governed by the underlying documentation, it is not uncommon for substantially all of the assets to fall under the secured lender’s security. It is the knowledge and experience we offer for such scenarios including our experience in the ongoing management of business operations that regularly causes our clients to seek out Interpath’s appointment.
