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An Introduction to Corporate Debt Workouts

By Spodek Law Group | February 20, 2024

An Introduction to Corporate Debt Workouts

A corporate debt workout refers to the process a company goes through when it is having trouble meeting its debt obligations and needs to restructure or “work out” its debts. This usually involves negotiations between the distressed company and its creditors to change the terms of the debt in order to make it more manageable.

Why Do Companies Need Debt Workouts?

There are a few common reasons why a financially distressed company may need to pursue a debt workout:

  • Economic downturn – A recession or industry slump that causes revenues and cash flows to decline. This makes it difficult to service existing debts.
  • Poor financial management – Overexpansion, excessive leverage, or investments in losing business lines can stretch a company too thin.
  • Unexpected events – Lawsuits, supply chain issues, changes in regulations, or a natural disaster could suddenly impact finances.
  • Increased competition – Disruptive innovation, new entrants, or external factors may erode market share. This pressures profit margins and the ability to pay off debts.

Whatever the reason, the signs that a company is distressed and needs a debt restructuring usually include missing loan payments, breaking debt covenants, a lowered credit rating, or the inability to secure new financing. Without intervention, the company risks default and potential bankruptcy.

Common Types of Corporate Debt Workouts

There are a few common methods companies pursue when working out debts with creditors:

Debt Rescheduling

This involves changing the repayment terms of the debt. For example, creditors may agree to lower interest rates, extend maturities, or allow for interest-only payments for a set period. This reduces the cash flow burden to give the company time to recover.

Debt Refinancing

The company raises new capital by issuing new debt to pay off older, existing debt. This is often done to take advantage of better terms offered by new lenders compared to original terms.

Debt/Equity Swap

A portion of the company’s debt is converted into an equity stake in the business. This eliminates part of the debt burden and gives lenders an ownership share. Lenders may also provide new loans in exchange for more equity.

Debt Forgiveness

Creditors agree to forgive all or part of what they are owed. This directly eliminates debt but lenders usually only accept large losses as a last resort or in exchange for valuable concessions.

The Corporate Debt Workout Process

In practice, corporate debt workouts tend to follow this general process:

    1. Financial Distress Becomes Apparent

Management notices cash flow problems, technical defaults, or other signs of financial instability. This prompts them to assess the extent issues and identify where problems stem from.

    1. Workout Planning Begins

The company engages legal and financial advisors to assess its capital structure and liquidity. They then investigate workout options and negotiate a restructuring support agreement with major lenders.

    1. Operational Changes and Restructuring

Management moves to cut costs, sell assets, or implement operational restructuring to fix underlying business issues. At the same time, advisors negotiate debt reduction and recapitalization terms.

    1. Formal Restructuring Agreement

After finalizing terms, formal agreements and new financing facilities are executed. This commits all parties to the agreed upon debt workout plan.

    1. Implementation Period

During this period spanning 6 months to 2 years, the company operates under the agreed upon plan. Advisors monitor progress while management enacts cuts, pays restructured debts, and executes the full workout.

    1. Transition Back to Stability

With cost structure reduced and debt load lightened, the company can return to stability. The focus shifts from survival back to reinvesting in growth.

Most debt workouts are complex and involve many interested parties. So negotiations can take 6-12 months. But acting decisively to restructure debt early on gives a company the best chance of avoiding default or bankruptcy.

Key Parties Involved in Debt Workouts

There are a few key players typically involved in negotiating and implementing a corporate debt workout:

  • The Distressed Company – The management team appoints workout and restructuring officers to oversee the operational restructuring. The CEO and CFO will also be directly involved in discussions with creditors.
  • Independent Directors – Appointed to oversee the restructuring for the benefit of all stakeholders. This ensures management acts fairly and in the best interests of the company.
  • Legal Counsel – Restructuring lawyers help assess options and negotiate terms with creditors that are favorable and legally sound.
  • Financial Advisors – Workout advisory firms estimate values, develop financial projections, assess restructuring options, and provide industry expertise.
  • Creditor Committees – Groups of creditors like senior lenders or bondholders will organize to negotiate collectively for their interests.
  • Individual Creditors – This includes senior lenders, subordinated debtholders, trade creditors, bond investors, and any other claimants. They negotiate reductions in their debt holdings.

In additional, equity shareholders and credit rating agencies also play a role in approving or assessing debt workouts. Navigating all these competing interests makes overseeing a fair, viable corporate debt workout very complex. An experienced legal and financial advisory team is key.

Outcomes of Corporate Debt Workouts

There are a few potential outcomes of a corporate debt workout:

Successful Restructuring – Through operational changes and debt reduction, the company manages to deleverage its balance sheet and return to profitability. This allows it to survive without defaulting or filing for bankruptcy.

Balance Sheet Insolvency – The debt burden is too high and terms too restrictive, even after restructuring. This forces the company to default and then liquidate assets to repay creditors.

Bankruptcy – If negotiations fail, creditors refuse terms, or debt is unsustainable, the company may need to enter bankruptcy protection while it restructures or liquidates.

The success of a debt workout depends on the financial condition, industry dynamics, cooperation of creditors, and decisiveness of management. But statistically, only 30-50% of debt workouts avoid bankruptcy. The odds get worse as conditions deteriorate. So engaging in the process before default is critical.

With the right stakeholders at the table and advisors in place, a company can negotiate necessary debt relief without needing court-led bankruptcy. But the process requires urgent action. Management needs to diagnose issues early and then move aggressively to enact operational fixes while financial advisors engage creditors. This coordinated approach gives distressed companies the optimal chance of successfully “working out” excessive debts.

Resources

For more on corporate debt workouts, check out the following additional resources:

I hope this overview has helped explain the debt workout process companies go through to restructure obligations and avoid default. Let me know if you have any other questions!

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