Restructuring Venture-Backed Companies: Key Considerations And Strategic Options

CL
Cooley LLP

Contributor

Cooley LLP logo
Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law. Cooley has nearly 1,400 lawyers across 18 offices in the United States, Asia and Europe, and a total workforce of more than 3,000.
Companies with venture capital investors have the potential to disrupt industries and grow exponentially; however, such companies may eventually face difficulties executing their growth plans...
United States Insolvency/Bankruptcy/Re-Structuring
To print this article, all you need is to be registered or login on Mondaq.com.

Companies with venture capital investors have the potential to disrupt industries and grow exponentially; however, such companies may eventually face difficulties executing their growth plans and securing successive funding. This chapter explores the key considerations and strategic options for venture-backed companies when they are faced with financial distress.

This chapter is divided into three sections. First, this chapter discusses the common features of a venture capital-backed company and the types of debt facilities available to such companies. Second, this chapter sets forth certain key considerations for a venture-backed company in distressed situations, including strategic considerations concerning the company's lenders. Last, this chapter introduces the in-court process, including: the circumstances under which a bankruptcy court restructuring may be preferable for a venture-backed company, common challenges facing venture-backed companies under a bankruptcy process and the alternatives to a formal bankruptcy process, most notably, an assignment for the benefit of creditors.

The chapter appears in the second edition of The Directors' and Officers' Guide to Restructuring.

Read the chapter (account required)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More