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Author: Andrew Smith
Publisher: Andrew Smith
Published: 2008-07
Total Pages: 8
ISBN-13: 0615309925
DOWNLOAD EBOOK →Solvency Opinions Asolvency opinion, by design, aims to assure the directors of the Company, and/or the lenders in the transaction, that the transaction will not likely subject the Company, and its? other creditors, to undue financial distress. Houlihan Smith
Author:
Publisher: Andrew Smith
Published: 2008-07
Total Pages: 248
ISBN-13: 0615309941
DOWNLOAD EBOOK →A solvency opinion provides assurance to a company's Board of Directors and/or the lenders that the transaction will not likely subject the Company and its unsecured and other creditors to undue financial distress. Houlihan will undertake a solvency opinion engagement for companies involved in highly leveraged transactions. Examples include leveraged buyouts, leveraged recapitalizations, leveraged dividends or other such situations where there may be minimal equity involved. Houlihan has also completed solvency opinions for spin-off transactions in conjunction with capital restructuring and significant debt refinancing.The Federal Bankruptcy Code defines "insolvent" as the condition in which the total of a person's debts exceeds the value of its property at a fair valuation. Recent case law suggests that the fair valuation of property is its value on a going-concern basis. A solvency letter expresses an independent expert opinion on a borrower's ability to remain solvent under the burden of additional liability, to pay debts as they mature, and to continue operations as a going-concern in dynamic economic conditions.In connection with a leveraged recapitalization, interested parties such as new secured lenders and sellers will often, due to fraudulent conveyance concerns, seek an independent determination and opinion as to the impact of the acquisition debt on working capital, cash flow, and equity value. Houlihan is highly familiar with the Tests of Capitalization and Solvency and is able to efficiently and cost-effectively provide analysis that provides a layer of comfort to interested parties.
Author: Irina Fox
Publisher:
Published: 2016
Total Pages:
ISBN-13:
DOWNLOAD EBOOK →Avoidance of leveraged transactions as fraudulent transfers has proliferated in the aftermath of the recent financial crisis and during the resultant economic recession. When planning leveraged deals, such as buyouts, spinoffs, and intercorporate guarantees, corporate boards rely on solvency opinions prepared by outside financial advisors. If a leveraged transaction is challenged in court by a shareholder, the business judgment rule provides a highly deferential standard of judicial review of corporate decisions, as long the decision was well-informed and not tainted by fraud, illegality, or self-interest. If the same transaction is subject to fraudulent transfer avoidance, courts routinely employ a probing analysis, informed by 20/20-hindsight and according no deference to directorial decision making. Highlighting the irreconcilable discrepancy in the standards of judicial review, this Article argues that under the current legal regime the most reasonable solution from a planning perspective would be to structure the leveraged deal in reliance on a good-faith solvency opinion procured from an independent expert. This Article reviews examples of post-financial crisis avoidance actions, identifies the most frequently recurring legal criticisms of solvency opinions, and provides tips for ensuring that the solvency opinion obtained contemporaneously with the transaction will minimize risk of avoidance in the future.
Author: Alfred M. King
Publisher: John Wiley & Sons
Published: 2008-04-11
Total Pages: 272
ISBN-13: 0470245530
DOWNLOAD EBOOK →Praise for Executive's Guide to Fair Value: Profiting from the New Valuation Rules "The advent of fair value reporting is not your Momma's (or your Papa's) kind of accounting. If you're a financial professional above the age of twenty-five who is working in industry, read this book. From choosing a fair value specialist to the perils of 'made as instructed' valuations to purchase price allocations to impairment testing to that SEC tripwire, customer relationships, fair value expert Al King gets it right. And he does so with neither jargon nor literary anesthesia. As a former CFO myself, all I can say is WOW!" -Warren D. Miller, CFA, ASA, CMA, CPA, Cofounder, Beckmill Research A hands-on guide for financial executives needing to understand the appraisal process Executive's Guide to Fair Value: Profiting from the New Valuation Rules brings senior level executives up to speed on what fair value really means. This new book addresses a full range of issues facing auditors and executives, including litigation and the "true" determination of value, estimating the value of working capital, and how to estimate the value and life of intangible assets. Complete with advice on the latest FASB rules and regulations, Executive's Guide to Fair Value: Profiting from the New Valuation Rules provides the most up-to-date and reliable information on: The latest fair value rules and how they impact both preparers and users of financial statements The role and responsibility of the appraisal specialist, including best practice tips for choosing and evaluating an appraiser Testing customer relationships for impairment A thorough knowledge of what fair value accounting is and how it can impact your corporation and its profitability Practical applications, including incentive compensation and equity-based compensation In basic, nontechnical language, Executive's Guide to Fair Value: Profiting from the New Valuation Rules will help all financial executives and auditors succeed in understanding the new fair value accounting rules that corporations must now follow. The result is a resource that professionals can rely on to understand the importance of valuation and the concepts that define it.
Author: Henry Furlow Owsley
Publisher: Beard Books
Published: 2005
Total Pages: 236
ISBN-13: 1587982676
DOWNLOAD EBOOK →The definitive work on the role of the investment banker in a troubled company situation.
Author: United States. Congress. House. Committee on Ways and Means
Publisher:
Published: 1989
Total Pages: 412
ISBN-13:
DOWNLOAD EBOOK →Author: Nigel Boardman
Publisher: Oxford University Press, USA
Published: 2010
Total Pages: 2314
ISBN-13: 0199593922
DOWNLOAD EBOOK →A comprehensive guide to companies legislation in a convenient paperback volume. Written from the perspective of the 2006 regime, it gives detailed section-by-section commentary alongside the Companies Act 2006 and surviving parts of the previous legislation as well as including the text of relevant statutory instruments.
