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Business Planning During Difficult Financial Times

Many companies facing cash flow issues may assume they are facing bankruptcy, but an attorney can help them restructure debts on workable payment plans to convert the business to profitability.

Kirton McConkie professionals provide the full spectrum of bankruptcy and restructuring services. Our services include operation restructuring, loan and lease workouts and if necessary, bankruptcy. We staff matters with multidisciplinary teams of experienced professionals with expertise across the full range of relevant restructuring services. We aim to maximize the successful outcomes for our clients by taking a practical approach combined with sensible and creative strategies that address the nuances of each case.

If you are experiencing cash flow issues or challenges keeping your business in front of expenses, reach out to one of our experienced attorneys who can offer guidance and navigate options before it’s too late. During prior periods of financial stress like 9/11 our professionals noticed that many clients waited too long to reach out to us. Don’t miss an opportunity to attack your problems before they get too large.

Special Situations – Investment Banking Services
Kirton McConkie provides customized special situations solutions tailored to meet the needs of middle market clients facing inflection points, from capital structure issues to other liquidity/financial matters. Our services address the full range of issues that may cause financial distress:
i. Negotiating waivers, forbearances, modifications, and amendments to credit agreements;
ii. Developing and executing capital market solutions;
iii. Divesting noncore assets to fund the business and/or facilitate a deleveraging;
iv. Developing and executing comprehensive deleveraging transactions; and
v. Selling the distressed company, to the extent such a transaction maximizes value

Turnaround Operational Expertise
Kirton McConkie’s restructuring experts provide guidance and strategic assistance in crafting a successful turnaround plan. Our professionals serve in advisory roles. Where needed we involve third party restructuring officers and interim chief financial officers. Our services include:
i. Review of short- and long-term financial projections;
ii. Development of recovery plans;
iii. Performance improvement;
iv. Evaluation of assets and liabilities;
v. Assessment and monitoring of borrowing-base reports;
vi. Guidance on cash management processes and controls; and
vii. Transaction-feasibility analyses

Bankruptcy Proceedings 
For situations in which bankruptcy is an appropriate tool or the company has already filed for relief, Kirton McConkie professionals provide an array of bankruptcy-specific services to our clients. Our services include: 
i. Development of solutions to address cash shortfalls 
ii. Development, negotiation, and execution of plans of reorganization
iii. Negotiations with secured and unsecured creditors
iv. Analysis of collateral value or equity cushion to address adequate protection issue
v. Cram-Down/Fair and Equitable Analysis, Feasibility Analysis, and Lease Rejection Analysis 
vi. Liquidation and Section 363 sales where appropriate

Questions concerning issues addressed in this bulletin should be directed to
Jeremy C. Sink and Ryan C. Cadwallader.

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