Distressed Investments

Pepper Hamilton’s interdisciplinary approach to distressed transactions meets the unique needs of each client by combining resources and expertise from our private equity, M&A, finance, bankruptcy and tax practices.

The market for distressed investments has become increasingly complex and our sophisticated clients rely upon our extensive experience and sound advice in the purchase and sale of distressed debt, as well as the acquisition and divestiture of distressed assets.

Distressed investing strategies – whether involving corporates, portfolio companies, lenders, third-party purchasers, or deep value investors – require legal counsel who is experienced in these matters and who can bring timely judgment and efficient representation to bear, as well as bringing a practical business approach to successfully achieving the client’s goals.

Broad Industry Experience

Our team of attorneys works closely with our clients across a range of domestic and international distressed transactions. Pepper Hamilton is experienced in representing commercial banks, finance companies, hedge funds, private equity firms and strategic investors in a broad range of distressed transactions. We regularly advise clients, in connection with out-of-court restructurings and sale transactions, bankruptcies (including 363 sales, DIP financings, loan-to-own strategies and exit financings), UCC sales, secondary market trading, regulatory matters and tax issues.

Our experience also includes negotiating with mezzanine lenders and sub-debt holders, analyzing capital structures, realizing on collateral, deed-in-lieu transactions, and enforcing the rights of creditors. We often advise clients on lender liability issues and the sensitive judgments that must be made to avoid liability on the one hand and write-offs resulting from an overly cautious approach on the other.

With more than 70 lawyers and other professionals in our Financial Services, Corporate Restructuring and Bankruptcy, and Corporate and Securities practice groups, working together as a seamless team, Pepper has the depth and breadth to handle distressed transactions of any size and complexity.

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