Insights – Key takeaways on Rescue Financing from 5th Annual Insolvency Summit 2020

An engaging and insightful panel discussion on “Rescue Financing” at the Legal Era-Legal Media Group’s 5th Annual Insolvency Summit 2020 held on 21 October 2020.

DHC Capital Partner, David Chew participated on a panel discussion with panel members Ashwin Bishnoi (Partner, Khaitan & Co), Amitabh D’Souza (Director, AlixPartners) and Nitin Jain (Partner, EY). The panel was moderated by Smitha Menon (Partner, WongPartnership LLP).

Key takeaways from the panel discussion:

  • Rescue financing landscape in Singapore and South East Asia:

    • Debtor led rescues for companies facing liquidity pressures before COVID-19 and where COVID-19 accelerated the timeline. Primarily in shipping, construction and oil and gas sectors. Rescue involved identifying a white knight investor to inject new funds on the back of a restructuring (usually a scheme of arrangement). If liquidity position is tight, companies applied to Court for a moratorium and where required, DIP financing, to get breathing space from creditors and put together a restructuring plan with management staying in control

    • Direct COVID-19 related situations. Secondary debt opportunities as banks seek to exit problem loans and increasing appetite from companies for private capital / alternative capital for tailored financing solutions

  • Rescue financing landscape in Australia: Driven primarily out of formal insolvency (usually the Voluntary Administration process) in sectors hard hit by COVID-19 (such as retail and aviation). Examples include Virgin Australia (Bain Capital), Seafolly (L Catterton) and Kikki.K (US strategic buyer)

  • Key factors to be considered by distressed investors when assessing rescue financing opportunities:

    • Viable business post restructuring. Understand what went wrong, business plan and path to profitability

    • Capital structure dynamics

    • Assess management team and ability to execute business plan

    • Industry dynamics. Is the company relevant? Does it need to be around? Does it have real IP, brand, differentiated product, synergies that would be value add to the investor

    • Valuation dynamics. Going concern value, liquidation value and value break analysis

    • Investment entry point. Consider options such as buying secondary debt in the fulcrum security as part of loan to own strategy, distressed M&A to acquire pre-insolvency, white knight investment or wait for insolvency sale

    • Downside protection. Security over hard assets or super priority status

Special thanks to Legal Era-Legal Media Group for hosting the virtual event.

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