Business Restructuring and Workouts

Overview
Team

When Oklahoma Unexpectedly Found Itself at the Epicenter of the Financial Crises of the 1980s, Mcafee & Taft Lawyers Were There to Guide Clients Through the Turbulent Times. That Experience Provided Us With the Unique Opportunity to Further Build Upon Our Expertise in All Aspects of Business Transactions and to Develop the Specialized Skills, Insight and Creative Strategies Necessary to Handle Complex Business Restructurings and Loan Workouts. as a Result, Mcafee & Taft Is Uniquely Suited to Assist Both Creditors and Debtors in These Difficult Economic Times.

Our Business Restructuring and Workout Group Brings Together the Multidisciplinary Knowledge and Talents of Lawyers Who Are Not Only Adept at Identifying and Analyzing the Many Critical Issues Associated With Such Matters, but Who Can Also Work Together to Successfully Resolve Those Challenges in an Expeditious and Cost-Effective Manner.

Our Clients Include Lenders and Borrowers of All Kinds, Including Public and Private Businesses, Financial Institutions and Investment Companies, Landlords and Tenants, Real Estate Developers, Healthcare Providers, Oil and Gas Companies, and Manufacturers, Wholesalers and Retailers. We Also Represent Buyers, Investors and Sellers of Distressed Assets.

Our Representation of Distressed Companies, Which Primarily Involves the Out-of-Court Restructuring of Debt to Avoid Bankruptcy and Other Litigation, Also Includes Counseling on the Following Matters:

Alternate Financing Sources
Public and Private Offerings
Joint Ventures
Mergers
Asset Sales
Inter-Company Disputes
Directors’ and Officers’ Fiduciary Duty Issues
Corporate Governance and Shareholder Issues
Directors’ and Officers’ Insurance Claims
Hedge or Swap Positions and Other Derivatives
Embezzlement and Misappropriation
E&O and Fidelity Bond Claims
Criminal Conduct
Dissolution
Tax Consequences and Opportunities

Our Representation of Investors Includes Counseling on the Following Matters:

Restrictions on Transfer of Interest
Springing Guarantees
Issues Surrounding Non-Recourse Carve Outs
Exploding Guarantees

Our Representation of Creditors Includes Assistance With:

Assessing the Strengths and Weaknesses of the Creditor’S Position
Structuring Workout Negotiations
Drafting and Negotiation of Pre-Negotiation Letters, Forbearance Agreements, and Deeds in Lieu of Foreclosure
Intercreditor Issues Involving Liability, Responsibility and Authority of Lead or Agent in Participations and Syndications
Subordination Arrangements
Creditor Self-Help, Including Repossession, Termination and Valuation of Hedge or Swap Positions, and Non-Judicial Foreclosure
Claims Under Letters of Credit and Other Credit Support Devices
Lender Liability Claims

For Clients Who Are in a Position to Capitalize on Emerging Opportunities in the Marketplace, We Assist With the Following:

Acquisitions
Joint Ventures
Preferred Equity
Distressed Asset Purchases

Our Lawyers Have Years of Experience in All Aspects of Litigation Involving Distressed Business Arrangements, Including the Issues Set Forth Above as Well As:

Receiverships
Mortgage Foreclosures
Mechanics and Materialman Lien Foreclosures
Forcible Entry and Detainer Actions
Evictions
Lease Terminations
Replevin
Lien Priority Disputes
Post-Judgment
Attachments
Sequestrations
Director and Officer Claims

Tax Aspects

Integral to Any Workout or Restructuring Is an Analysis of the Tax Consequences of the Workout or Restructuring. a Thorough Analysis by Our Highly Skilled Tax Lawyers Often Results in the Consideration of Alternative Restructuring Options, Each Dependent on the Allocation of the Tax Burden. We Believe That an Analysis of the Tax Consequences During the Planning Process Results in a More Economically Effective Result From the Workout or Restructuring.

The Tax Aspects of a Workout or Restructuring Include Consideration of the Following: