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Out-of-court restructuring maneuvers known as liability management exercises buy distressed companies time, but they frequently fail to solve operational issues and restrict future restructuring options, according to Sunny Singh, co-chair of Weil Gotshal & Manges’ restructuring practice, at a Beard Group conference Wednesday night in conversation with WSJ Pro Bankruptcy's Alexander Gladstone.
Singh noted that while LMEs can provide distressed companies with financial flexibility, they often fall short of in-court processes in regards to resolving fundamental problems within companies, such as driving operational turnarounds.
“The question is, are you better off doing that, or do you just bite the bullet and fix the business and fix the cap stack?" Singh said. “Or do you want to deal with an LME and have litigation on the back end? You have to think through and figure out what is best for a particular situation.”
While LMEs can buy a company time, they tend to result in much tighter credit documents that constrain subsequent out-of-court transactions, Singh added. “The price for an LME is that flexibility is shut off in the future,” he said. “It makes it more challenging to do something out of court the second time around.”
Dan Fliman, a restructuring partner at Paul Hastings, noted in a separate discussion that private credit lenders have thus far been willing to extend covenant relief to troubled borrowers. This flexibility stems partly from the highly collaborative nature of private credit deals, where lenders frequently rely on private-equity sponsors for continued deal flow.
Private credit has also avoided most of the coercive, lender-on-lender violence transactions prevalent in the broadly syndicated loan space. However, Fliman warned that peace may not last as the asset class evolves and stresses arise.
“The question is where is this all going to go? Everybody’s a repeat player. They all work very well together,” Fliman said. “Now, that may change, and it only takes one situation like Serta for the mentality of lenders to change," he said, referring to the mattress company Serta Simmons Bedding LME.
He questioned whether the LME philosophy will definitively seep into the private credit space. “It is still too early to tell,” Fliman said.
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