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Recapitalization

SCHAEMANN LAW OFFICES provides sound advice to companies in crisis which may require recapitalization. Our main goal is to avoid insolvency, not to prepare for it.

Negotiations with banks and other major creditors play a key role in our advice here (see also [Banking and Finance Law]). We provide comprehensive solutions which are also acceptable to the financing banks.

This includes debt restructuring and (partial) waivers, including the issuing of certificates for the repayment of waived debt with future profits if necessary, as well as the use of other means to avoid over-indebtedness (comfort letters, letters of subordination, mezzanine loans etc).

We handle negotiations with equity and debt capital creditors. Through our contacts, we provide support during the search for new capital. Our lawyers aim to reach a balanced outcome which accounts for the interests of all parties appropriately.

We manage corporate restructuring (see also [Corporate Law]), which is commonly necessary during recapitalization. We also draft and negotiate trust agreements for the assignment of shares.