Case Studies

Receivership of Packaging & Material Supply Business Delivers 100% Return to Senior Secured Lender

J.S. Held Acquires Element Forensic Engineering, Expanding Insurance-Focused Capabilities for Mid-Market and Large Loss Property Claims Across Canada

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Home·Receivership of Packaging & Material Supply Business Delivers 100% Return to Senior Secured Lender

The Situation

After a packaging and material supply business defaulted on its senior secured loan, the lender sought a court-appointed receiver to preserve collateral and maximize recovery. Our team successfully stabilized the business’s operations and delivered a full return of capital to the secured lender in approximately six months through a refinancing. The receivership enabled the business to continue as a going concern, preserving its legacy and saving jobs. Without it, the company would have been shuttered, resulting in a complete write-off for the lender and significant job losses.

How We Advised

Our team implemented the following strategic actions to optimize results:

Designed an exit strategy involving a refinancing that satisfied the secured lender without forcing an immediate wind-down and liquidation, which would have resulted in a complete write-off for the secured lender as the company’s liabilities exceeded accounts payable.

  • Contacted and met with seven prospective takeout lenders regarding debt structure, collateral, and financing needs.
  • Coordinated diligence, information requests, and lender reporting throughout the refinancing process.
  • Helped close the takeout financing, resulting in a full payoff of the senior secured debt’s principal, interest, and fees. The refinancing enabled the company to continue operations.

Quickly took control of the business after its forbearance period expired without a cure.

  • Secured assets, business data, bank accounts, and cash management authority.
  • Worked with management and accounting to create governance over receipts, disbursements, and critical operating decisions.

Managed cash strategically to address cash leakage and vendor pressure, which created risk to the collateral base and ongoing business continuity.

  • Limited disbursements to vendors critical to continued operations.
  • Implemented weekly vendor payment reviews and written approval protocols.
  • Maintained detailed cash flow visibility for stakeholders.

Preserved collateral value and pursued refinancing during continued company operations.

  • Conducted physical inventory and fixed asset reviews.
  • Monitored deliveries and inventory movement and performed surprise facility inspections.
  • Reviewed obsolete inventory with management to determine current value and protect recoverability.

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues. We right-size operations, monetize assets, navigate disputes, and increase value and overall cash recovery for creditors and other stakeholders.

 

> Solutions for Distressed Situations
We deliver integrated solutions for distressed and insolvent businesses that maximize recovery, mitigate risk, and restore enterprise value. Our experts are retained to help distressed organizations stabilize operations, protect stakeholder interests, and execute turnaround strategies. We take an operationally-focused approach that looks beyond the balance sheet to minimize further degradation and build a path to sustainable growth. Our team delivers hands-on guidance and independent analysis to lenders, creditors, legal counsel, executive teams, boards of directors, and investors.

Key Contacts

For additional information about the engagement or to learn more about our services, contact:

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