Distressed M&A

We provide legal structuring for transactions, particularly in insolvency situations. We utilize restructuring tools and safeguard corporate assets.

Overview

Our focus in providing legal advice on corporate transactions is on structuring and executing post-insolvency transactions in the small-cap and mid-cap segments.

Dr. Knapp has the necessary experience in insolvency situations as well as in advising investors on the acquisition of companies from insolvency and has successfully structured and efficiently executed numerous transactions.

We also regularly advise on corporate transactions outside of insolvency proceedings, primarily in the small-cap sector.

Our range of advisory services in the context of corporate transactions includes in particular:

Determining the appropriate transaction structure (share deal/insolvency plan vs. asset deal)
Due diligence process
Negotiation and drafting of transaction documentation, including financing and security agreements, as necessary
Evaluation and utilization of insolvency-specific restructuring tools in the context of transactions arising from insolvency

Further Information

Transactions involving companies in insolvency proceedings take place within a completely different legal framework and therefore require extensive experience with both insolvency proceedings and transactions in this specific situation.

This requires an understanding of the interests of the various parties involved in the proceedings, which do not come into consideration in non-insolvency transactions. Furthermore, when determining the appropriate transaction structure, it is essential to take into account in detail the specific procedural framework, the specific process, and the available options for structuring an asset deal and an insolvency plan proceeding.

Similarly, insolvency-specific restructuring tools [see also here for examples] can be used by an investor to generate added value. The determination of the purchase price also typically follows its own set of rules.

Insofar as due diligence work is required in special areas of law (such as labor law or IP/IT law), this can be provided without any problems by partner law firms.