Loans and Increased complexity
Greater complexity in loan workouts is a result of increased diversity, both in the participants involved in financing companies and in the nature of financial claims. Traditional bilateral banking relationships are being replaced by more transaction-based financing arrangements, including the direct access to investors in the capital markets. As a result, when corporate distress occurs, there is a very wide range of institutions that become involved in support operations. Potentially conflicting objectives from a wide spectrum of financiers, including venture capitalists, credit insurers, institutional and retail bondholders and vulture funds, can be difficult to reconcile. At the same time, the complexity of companies’ legal structures and financial management activities results in a loss of transparency. Considerable effort is required to unravel financing arrangements if such companies encounter difficulties. The process of determining the prioritisation and negotiating strengths of the different claims on a company’s assets is hampered, causing uncertainty among the participants.