There are situations where investors and lenders seek to understand whether a business remains viable in the intermediate to long term. This generally occurs when a new round of equity is being considered or new borrowing or extension contemplated. Stakeholders may wish to know:
How is the enterprise positioned in its market and/or industry?
What is the timing and amount of capital expenditure needed?
Is the organization properly staffed to take advantage of growth capital?
Are the forecasts and underlying assumptions reasonable given past performance?
We are asked to provide lenders and/or company stakeholders with our evaluation of the company operations before an investment is made. Areas of focus include industry position, organizational structure and formal/informal communication of functional departments, financial assessment and validation of current operating plans, confirmation of working capital and overall financing needs of the company. In many instances our recommmnedations influence the amount and/or structure of the new money being placed in the business.
Receiver & Trustee Services
John Thibodeau and Windsor Associates have been appointed as a receiver in several business disputes where clear thinking and an independent third party is required. Examples where Windsor has served as a receiver include:
- Disputes between shareholders with equal equity intrests on how best to operate their business.
- Operating the business while a third party sale is under negotiation adn throughout a subsequent closing.
- Orderly disposition of company’s assets to maximize recovery of lender collateral as well as minimizing the recovery against any loan guarantees of company principals.
Windsor serves as Trustee to named beneficiaries in a variety of complex business situations, including:
- Investment Trusts
- Collateral Trusts of assets and/or causes of action pledged to various classes in a confirmed bankruptcy plan of reorganization.
- Asset Trusts of assets held and managed where a dispute exists of the underlying asset or conflict of interest remains unresolved
Risk Assessment Case Study
Retained by a commerical bank to assess viability of borrower with maturing loans in the immediate future and collateral position undersecured. Read how we provided value to this client.
Collateral Preservation Case Study
Retained by commercial bank to assist borrower with going out of business sale process. Read how we provided value to this client.