DISTRESSED MA

The Fairness Opinion is a professional report to assess whether the economic conditions of a transaction – such as a company sale – are market-driven and fair. It is prepared by independent MA advisors or corporate finance experts and is often aimed at:

• Shareholders and Creditors’ Committees

• Advisory boards and supervisory bodies

• Investors or lenders

Early analysis of corporate crises – We support management and shareholders in restructuring and strategically realigning in Germany, Austria and Switzerland.

Goal: Rapid assessment of the economic situation, liquidity, legal risks and restructuring ability. Initial recommendations for stabilization and possible sale.

Safely through restructuring and insolvency – we develop viable transaction structures for companies in crisis in the German-speaking SME sector (D-A-CH).

Goal: Examination of whether insolvency proceedings (e.g. self-administration, protective shield) are necessary, useful or avoidable. Derivation of the best possible transaction form (asset deal, share deal, transfer restructuring, etc.).

Targeted investor approach for special situations – we address suitable investors in Germany, Austria and Switzerland directly, discreetly and focused on crisis situations.

Goal: Establishing a selective investor process, taking into account confidentiality, speed and creditor interests. Creation of an info memo, long/shortlists.

Efficient due diligence in special situations – we support the provision and structuring of audit-relevant documents for buyers in the DACH region.

Goal: Provision of relevant information in the shortest possible time (Quick DD). Focus on operative substance, liabilities, contract risks and going concern.

Legally compliant M transactions in the crisis – we structure and negotiate takeovers of insolvent companies in close coordination with insolvency administrators and creditors in German-speaking countries.

Goal: Legally sound contract structure (SPA, APA) checked for insolvency and liability law. Close coordination with the insolvency administrator or creditors’ committee, if relevant.

Successful handover after the purchase – we support investors in the takeover and integration of crisis-ridden companies in the SME sector, especially in Germany, Austria and Switzerland.

Goal: Ensuring continuation, communication with employees, customers and suppliers. Integration into the buyer structure and implementation of restructuring measures.