Omni Bridgeway : Finance for Restructuring and Insolvency

Finance for restructuring and insolvency

Omni Bridgeway's finance is a lifeline for insolvency practitioners and other stakeholders to maximise returns to creditors

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When businesses falter or fail, Omni Bridgeway's finance helps insolvency practitioners and creditors access liquidity without additional debt, cost or risk.

"Litigation claims are inherently risky and the estate doesn't want to pay out cash to pursue these claims so bringing in a third party funder keeps those claims moving forward while the cash is deployed in other ways."

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REGINA LEE, MANAGING DIRECTOR, ALIX PARTNERS LLP

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Finance solutions to monetise dispute assets

Litigation and arbitration claims, judgments and awards are valuable assets that can be leveraged to generate and increase returns to creditors. Insolvent estates with insufficient funds, creditors unwilling to fund actions and insolvency practitioners, all use dispute finance to realise the full value of litigation assets.

Finance is available prior to filing, during a dispute, on appeal or during enforcement of judgment or awards.

'Seed' finance

Insolvency practitioners may lack resources for investigations to assess the viability of potential claims. 'Seed' finance allows promising claims to be investigated. It can cover liquidator's examinations, investigating recoverability against defendants, counsel advice, court applications and other expert reports required at the early stages of restructuring or insolvency.

Recovery and enforcement

Instead of using limited estate funds, Omni Bridgeway provides the finance, strategic know-how and project management to recover unpaid judgments and arbitration awards against able, but unwilling or evasive debtors.

Asset tracing and protection

We devise, implement and fund strategies from the outset to locate assets and safeguard collectability.

Purchasing legal assets

For immediate capital, we can purchase (or pay cash advances on) debts, judgments, arbitration awards and claims - including insolvency claims which may be held by other parties. This can include single claims or portfolios of multiple disputes or non-performing loans.

Security for costs and adverse costs cover

We can provide up-front 'security for costs' and protect insolvency practitioners and the estates they represent, from adverse costs exposure.

Single claims and portfolios

Dispute finance covers the costs of insolvency practitioners, legal and other advisers and disbursements associated with pursuing insolvency- related claims, such as:

• Contractual disputes leading up to an insolvency event
• Claims against directors and officers for breaches of duties leading to a corporate collapse
• Negligence claims against auditors or other professionals related to a company's insolvency
• Insolvent trading claims
• Claims relating to uncommercial transactions, such as claw-back actions, preference payments or unwinding undervalue transactions to return funds to the insolvent estate

"Being able to use seed funding to do investigations and firm up our position is vital for us in pursuing a claim."

"The earlier you engage the dispute financier, the more tools and options you have to present to your creditors or stakeholders. Engage a funder very early."

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LUKE FURLER, PARTNER, AJ CAPITAL

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Dispute finance delivers peace of mind

Omni Bridgeway's solutions are ideal for insolvency lawyers representing insolvency practitioners, creditors and insolvency practitioners appointed as receivers, administrators and/or liquidators. Our finance helps stakeholders move forward with confidence.

Unlock value in intangible assets

Access much-needed cash by leveraging claims, judgments and awards as revenue-generating assets.

Outsource risks

Protect insolvency practitioners, and the estates they represent, from the down-side risk of litigation by transferring 'security for costs' and adverse costs exposure to Omni Bridgeway. Avoid the costs of unsuccessful actions through our non-recourse capital.

Preserve authority

Work with like-minded insolvency, restructuring and finance experts from Omni Bridgeway who 'speak the language' on legal and recovery strategies and respect the insolvency practitioner's overriding authority.

Manage cash flow

Pursue legal claims and recoveries while preserving capital or distributions to creditors.

Supplement resources

Mitigate the exposure of insolvency practitioners, legal or other advisers to WIP or receivables.

"Litigation funding is an option that every bankruptcy professional should consider as part of their tool kit."

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REGINA LEE, MANAGING DIRECTOR, ALIX PARTNERS LLP

"Dispute finance should be the rule not the exception when looking at recovery actions for insolvent estates. Omni Bridgeway are always going to be your best acid test of the commercial viability and recoverability of an action."

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DAVID WALTER, PARTNER, ASIA PACIFIC RESTRUCTURING AND RECOVERY GROUP, ALLEN & OVERY

Assist with enforcement

Obtain strategic know-how and project management to recover unpaid judgments and arbitration awards against able, but unwilling or evasive debtors.

Gain independent assessment

Progress claims in the knowledge your position has been vetted by leading professionals with an exemplary success rate.

Achieve efficiency

Adopt and adapt Omni Bridgeway's Master Agreement across insolvency scenarios for efficiency.

The only dispute financier selected by IFC World Bank as partner for global Distressed Asset Recovery Program (DARP)

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"Portfolio financing is a really useful tool for liquidators because we often look at more than one claim, particularly in cross-border contentious liquidation. Portfolio financing allows you to leverage up some that may not be as strong as others, and still get access to capital to explore and fund."

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LUKE FURLER, PARTNER, AJ CAPITAL

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