Distressed Assets & Alternative Investments

Orrick represents financial institutions, including private equity and hedge funds, commercial and investment banks, and other institutions in connection with the purchase and sale of bilateral and syndicated loans, bankruptcy claims, swaps and derivative termination claims, and other distressed products.

We are a global leader in distressed claims transactions, leveraging the breadth and depth of the firm’s resources throughout the world and have firsthand knowledge of the business, regulatory and legal landscapes in every major international jurisdiction. Our attorneys are well-versed in LSTA, LMA and ISDA standard trade documentation, and are equally skilled in crafting bespoke documents tailored to suit the individual needs of our clients and their investments. Our team works closely with our restructuring group in developing loan to own and other debt-trading strategies.

Bankruptcy claims are an active asset class. Our group works with clients to structure deals involving preference, administrative and unsecured trade claims and assists clients in enforcing their rights in the bankruptcy case after the claims are purchased.

We structure transactions and advise clients on a variety of distressed claims deals involving:

363 asset sales
Administrative and general unsecured trade claims
Claims Put Agreements and receivables factoring facilities
Energy supply contract receivables
Enforcement actions, such as foreclosure proceedings and preference actions
Equity securities and warrants
Leveraged lease certificates
Par/near-par and distressed syndicated loans relating to prepetition facilities, debtor-in-possession loans, and post-reorganization exit facilities
Swaps, hedge obligations, loan credit default swaps and other credit derivatives