SPECIAL SITUATIONS M&A

Sale Processes for Compressed Timelines and Non-Standard Circumstances

Harney Capital executes transactions where timing, liquidity, stakeholder requirements, or legal procedures call for a specialized process.

OVERVIEW

Special Situations M&A

Overview

The firm runs in-court and out-of-court transactions for companies, boards, sponsors, lenders, and creditor constituencies.

Each process is structured around:

  • Available transaction time
  • Stakeholder requirements
  • Buyer certainty
  • Required legal procedures
  • Available liquidity
  • Diligence readiness
  • Competitive tension
  • Closing execution

The presentation describes these processes as built for speed, stakeholder consent, and closing certainty, with diligence and marketing designed to withstand scrutiny.

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OUR SOLUTIONS

Transaction Types

Out-of-Court Sales
Accelerated or event-driven transactions completed without a formal court proceeding.
Section 363 Sales
Asset sales completed through Chapter 11 under court-approved procedures.
Court-Supervised Sales
Transactions conducted under the authority of a court or similar legal process.
Assignments for the Benefit of Creditors
Asset sales completed through an ABC process where it provides an appropriate alternative to bankruptcy.
Receivership and Foreclosure Sales
Sales conducted through receivership, foreclosure, or another secured-creditor remedy.
Stalking-Horse Processes
Transactions that establish an initial bidder and formal procedures for competing offers.
Lender- and Creditor-Directed Transactions
Processes initiated or overseen by secured lenders, creditor groups, or other stakeholders.
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About Harney Capital

Our Approach

Our Process

01

Define the Objectives and Constraints

Assess the company’s performance, liquidity, leverage, collateral, and existing financing.

02

Prepare the Opportunity

Organize financial, operational, and transaction information for buyer review.

03

Contact Qualified Buyers

Approach strategic acquirers, private equity firms, independent sponsors, family offices, and other relevant buyers.

04

Manage Diligence and Bidding

Coordinate buyer access, diligence requests, bid requirements, and offer evaluation.

05

Negotiate and Close

Support transaction negotiations, stakeholder approvals, documentation, and closing.

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