Restructuring and Bankruptcy Advisory

Cypress is an advisor to investors, creditors and companies in complex restructurings and bankruptcies. Cypress is experienced in dealing with distressed companies and their constituencies. Clients include debtors, bondholders, banks, insurance companies, equity owners (including financial sponsors) and other parties-in-interest. 

Valuation

  • Due diligence designed to identify the subject company's problems and possible solutions.
  • Development of traditional valuation parameters, both as-is and pro forma for correcting the entity's problems, including comparable company, comparable transaction and discounted cash flow analyses, but with the recognition that troubled company valuation will require greater use of other approaches.

Modeling

  • Development of financial models designed to accurately forecast all factors affecting cash flow including funds from operations, working capital, capital spending, debt service, asset sales, cash infusions from third parties and restructuring costs.

Standstill Agreements/Covenant Waivers

  • Negotiation of preliminary agreements designed to avoid costly litigation and diminution of value.
  • Insuring that clients receive fair and appropriate value for any concessions made.
  • Carefully defining the scope of any preliminary agreements to maintain client's rights and flexibility.

Pre-Petition and Debtor-in-Possession Financing

  • Arrange third party financing to maintain the company's prospects during a pending restructuring.
  • Negotiate appropriate terms for use of cash collateral.

Debt Restucturing

  • Analyze relative strengths and weaknesses of parties-in-interest, including reviewing terms and collateral provisions in classes of securities.
  • Design and review possible structural alternatives involving new securities, terms, maturities and covenants.
  • Examine value-maximizing opportunities such as the merger or sale of the company, additional equity funding from the current owners or third parties and the restructuing of existing debt.
  • Negotiate with interested parties on behalf of the client to obtain the client's appropriate share of a recovery.

Asset Sales

  • Analyze whether asset sales are appropriate as a means to maximize return.
  • Identify likely buyers and develop marketing materials and other documentation.
  • Negotiate with potential buyers to obtain the highest value for the company.

Exchange/Tender Offers

  • Structure exchange or tender offers to effectuate out-of-court restructurings.
  • Work with creditors and solicitation firms to insure that required levels of tenders are obtained.

Plans of Reorganization

  • Develop and negotiate the business terms of a Plan of Reorganization including new debt structure, relationship of creditor classes, equity or other cash funding, if applicable, and disclosures to be contained in the Plan and related Disclosure Statement.
  • Assist in the solicitation for approval of the Plan by the different classes of creditors.

Testimony

  • As needed, provide fact or expert testimony in bankruptcy or other courts.
  • Be prepared to provide testimony regarding feasibility, exit financing, valuation and liquidation analysis