Overview

Our dedicated restructuring team based in Austria advises local and international clients on all aspects of restructuring and insolvency, whether in anticipation of them or in dealing with their consequences.

We serve a diverse client base encompassing debtors, lenders, government entities, trustees, shareholders, senior executives, and distressed debt and asset buyers and investors. We work closely with lawyers in our finance, corporate, tax and real estate practices to offer a full service provision to our clients.

Our restructuring team in Austria is part of our Global Restructuring Group, which is one of the world's leaders. With dedicated restructuring lawyers across the Americas, Asia Pacific, Europe and the Middle East, we have the knowledge, experience and resources to address our clients' restructuring and insolvency needs on a national and international basis. Around the world, our specialist restructuring lawyers 'on the ground' have extensive knowledge of local markets and the associated challenges our clients face.

Capabilities

We advise clients on:

  • Debt and equity rescheduling and refinancing
  • Debt recovery
  • Disposals and pre-packaged solutions 
  • Distressed debt trading 
  • Distressed mergers and acquisitions 
  • Distressed Real Estate 
  • Insolvency procedures and office holders' conduct and regulation 
  • Non-performing loan advice 
  • Protection against key customer and supplier insolvency 
  • Restructuring and reorganisation strategies 
  • Rescue planning and implementation 
  • Restructuring structured and leverage finance vehicles 
  • Security enhancement and prioritisation

Experience

We advise clients across a wide range of industry sectors and have particular strength in energy, financial services, healthcare, hospitality and leisure, real estate, retail, sports, technology and transportation.

Some key matters we have recently worked on are set out below:

  • Pfizer – Advising the world's largest pharmaceutical corporation on the spin-off of its Animal Health Business in Austria. Pfizer decided to separate its worldwide animal health business from the human health sector. We implemented the corporate restructuring of the business, which in Austria was carried out as a spin-off, and also advised on the related operational measures. This challenging transaction was key to the success of this global project, and was conducted jointly with all of the Big Four accountants, simultaneously in 60 countries. Close coordination with our client was essential and we implemented continuous and seamless teamwork with colleagues in our international offices. Furthermore, the transaction had to be carried out according to a very tight timeframe – we successfully completed the stages of the transaction as planned and scheduled.
  • Austrian industrial group – Advising on the extensive restructuring of the client's entire group in order to move it out of a state of crisis and back towards solid commercial performance. We advised on the implementation of restructuring measures, including the sale of various assets and trademarks, the conclusion of royalty agreements for the continued use of sold trademarks, the transfer of obligations, contributions in kind, the establishment of a perpetual bond and obtaining loan financing under the ULSG (the Austrian financial market crisis corporate financing tool, established by the Republic of Austria). These measures were followed by a regular bank refinancing of the loan.
  • Catlin Group – Advising Catlin Group, one of the world's leading insurance and reinsurance corporations, on the reorganisation of its Austrian business as part of a restructuring that included the cross-border merger of Catlin Innsbruck GmbH with a German group company and the establishment of subsidiaries in Austria.
  • Diamond Resorts – Advising Diamond Resorts, Inc., a leading international hotel and entertainment group, on its global restructuring. Diamond Resorts conducted more than 40 cross-border mergers in Europe as part of the transaction, 30 of which were based in Austria. This was one of the most complex corporate restructurings ever completed in Austria, not only because it involved such a large volume of cross-border mergers under the relatively young European cross-border merger regime, but also because of the parallel implementation of both the import and export mergers.
  • Gasometer Towers and Entertainment Centre – Advising on the restructuring of the Gasometer Towers (mixed use residential and business properties). We were appointed regarding the project's complex financing structure and securities, including security documentation. We also advised on the restructuring of the Entertainment Centre, the realisation of securities, the transfer of the project to the financing bank and the eventual sale of the project to an investor.
  • Leading Austrian bank – Advising on the debt restructuring of a portfolio of 12 hotels across CEE under a loan agreement in default. Our work included restructuring the relationship between bank, borrower and sponsors, in particular with respect to recapitalisation, and implementing changes to covenants and security to avoid insolvency.