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Receivership of Oil & Gas Service Provider

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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The Situation

The company provided wireline and oil testing services for oil wells from offices in Pennsylvania, Texas, and California. Management failed to forecast a significant decline in demand for its services during a prolonged oil glut, resulting in severe cash flow shortfalls. The company’s liquidity problems were exacerbated by a failed $7 million investment in a consortium to produce and sell oil in Colombia.  It was in financial default with its senior lender, one of four lenders to the company, and the bank assumed liquidation was the only solution.

The court appointed our team as receiver to take possession of and monetize the borrower’s assets to achieve the best possible recovery for its four lenders.

How We Advised

After taking possession of an oil & gas service provider as receiver, our experts maximized the recovery for the company’s multiple lenders and preserved the business as a going concern by:

  • Quickly negotiating a takeout of the company’s senior secured lender;
  • Increasing cash flow by strategically reducing payroll and negotiating discounts from vendors;
  • Developing cash flow projections and managing the business within the new borrowing base resulting from the refinancing; and
  • Negotiating the sale and financing of the company as a going concern, thereby achieving a recovery exceeding liquidation value and saving jobs.

Obstacles & Our Solutions

  • The company had significant payroll-related liabilities (payroll, accrued and unpaid vacation, and underfunded 401 (k)) and no cash on hand.
    • We quickly negotiated a short-term loan with a third party, subordinated to the senior lender, to cover immediate payroll and other operating expenses.
    • We administered and paid wage claims in accordance with California Code of Civil Procedure Section 1204, preserving significant cash collateral for the lender and reducing the risk of future costs and litigation arising from employee claims.
  • The company was illiquid due to poor operational protocols and insufficient accounting staff.
    • Our experts identified the sources of the company’s problems and deployed creative strategies to restructure the business.
    • We engaged a third-party to manage A/R invoicing and collections, significantly improving cash flow.
  • Following the company’s failed attempt to refinance its senior debt, the bank concluded that liquidation was the best solution.
    • Our team successfully negotiated a guaranteed auction value and drew down on the guarantee to fund operations.
    • We subsequently negotiated with the company’s principals to take out the senior secured and equipment lenders.
    • We pursued a sale process, successfully negotiating an asset sale with the acquirer, who hired the company’s employees, including its principals.
  • The company’s Colombian operating subsidiary potentially would recover in one to two years, complicating the bank’s takeout.
  • We ensured the bank’s security interest in the subsidiary would be preserved post take-out, contributing to the successful refinancing.

Related Practice Areas

> Receiverships 
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

 

> Chief Restructuring Officer (CRO) and Interim Management Services 
Our experienced C-suite interim executives advise and support companies in financial distress, experiencing hypergrowth, or that are challenged by critical vacancies among senior leadership. Whether the leadership void results from operating challenges, a recent officer resignation, the need for added support during busy periods, or during an extended job search for the right permanent hire, our experienced executives provide immediate relief and value. 

Key Contact

For additional information about the engagement or to learn more about our services, contact:

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