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Debt Restructuring

Companies facing financial pressure have options. When the right intervention is made at the right time with the right structure, most companies can stay on their feet, bring their debts under control and continue their operations. At Arısoy Law, we provide strategic legal support to companies, creditors and investors at every stage of the debt restructuring process.

Debt restructuring is not merely a legal process but a multidisciplinary effort that requires negotiation, financial analysis and strategic planning. We work in coordination with specialist financial advisors, independent auditors and investment consultants. Our experience in managing complex negotiation processes and our proven track record in multi-party creditor negotiations form the foundation of our work in this field.

We have successfully managed restructuring processes across a wide range of sectors, from textiles to energy, jewellery to industrial manufacturing, retail to yacht manufacturing, involving debt levels ranging from USD 25 million to USD 120 million.

Creditor Negotiations and Debt Restructuring

The first and most critical step in debt restructuring is sitting down at the negotiation table with creditors on the right terms. We represent our clients in negotiations with banks, financial institutions, leasing companies, suppliers and other creditors, developing sustainable solutions for the restructuring of their debts.

We structure instruments such as maturity extensions, interest rate reductions, repayment plan revisions, haircuts and debt swap agreements according to our client's circumstances and commercial objectives. In multi-creditor restructurings, particularly where bank loans and trade receivables must be negotiated simultaneously, we manage the priority ranking among creditors, security rights and voting mechanisms in our client's favour. We also advise our clients in processes conducted under Financial Restructuring Framework Agreements. Our aim is to establish a settlement framework that enables our client to continue its commercial operations.

Concordat, Bankruptcy and Liquidation Proceedings

Concordat, the Turkish equivalent of court-supervised reorganisation, is one of the most important legal instruments for maintaining the operations of companies in financial distress. We represent our clients at every stage of the process, from the preparation of the concordat application and the drafting of the preliminary project to the management of the creditors' meeting and court approval. During the concordat commissioner process, we protect our client's rights against creditor objections and defend the viability of the project from both a legal and commercial perspective.

Where a company is no longer sustainable, we stand by our clients in bankruptcy and liquidation proceedings. Representation on either the debtor or creditor side in bankruptcy cases, registration of claims with the bankruptcy estate, objections to the ranking of claims and actions for the annulment of dispositions (clawback/avoidance actions) form part of this work. In liquidation proceedings, we advise our clients on the personal liability of board members, compliance with BRSA regulations and the management of obligations towards creditors. Whether the objective is rescue or liquidation, we take the maximum protection of our client's rights as our guiding principle.

Cross-Border Debt Restructuring

The financial difficulties of companies engaged in international trade rarely remain within the boundaries of a single legal system. Companies with creditors, assets or contracts across Europe, the Middle East, South Asia or the United Kingdom require the simultaneous management of multiple legal frameworks in their debt restructuring processes.

Through our Istanbul headquarters and London desk, we provide services with lawyers qualified in both Turkish and English law in restructuring processes arising from commercial relationships between Turkiye and the United Kingdom. We manage the participation of investors and creditors from European, Middle Eastern and South Asian jurisdictions in restructuring processes in Turkiye, and work in coordination with local law firms in the restructuring of Turkish companies' debts abroad. In cross-border restructurings, it is not only legal technical competence that matters but also an understanding of different legal cultures and business practices; striking this balance is our strength.

Corporate Reorganisation and Strategic Transformation

Debt restructuring alone is sometimes not enough. The structural issues underlying a company's debt burden must be resolved, its business model reassessed and organisational transformation carried out.

We support our clients from both a legal and strategic perspective in processes such as the simplification of group structures, the separation of non-strategic business lines, the admission of new investors or the reorganisation of partnership structures. By understanding the commercial motivation behind each reorganisation decision, we conduct the legal process in alignment with that motivation. The settlement of intercompany debt within holding groups, capital increases and the establishment of new agreement frameworks among shareholders form part of this work.

Distressed M&A

The sale of all or part of a company under financial pressure carries dynamics that differ from a standard transfer transaction. Time pressure, creditor approval processes, valuation uncertainties and the transferability of existing contracts create risks specific to this type of transaction.

At Arısoy Law, we act for both buyers and sellers in distressed asset transactions. During the legal due diligence process, we map the company's debt structure, security burden and litigation risks. In the sale of assets of companies in concordat or bankruptcy proceedings, we structure the transaction with due regard for creditor rights and legal procedures. We manage multidimensional processes from start to finish, from the preparation of collective settlement agreements with employees regarding employment claims in factory closure processes to the simultaneous conduct of restructuring agreements with banks and leasing companies. Our experience in mergers and acquisitions practice is an advantage that comes directly into play in distressed transactions.

Security Restructuring

The reorganisation of existing security structures in debt restructuring processes has a direct impact on the success of the restructuring. Creditors' security rights must be preserved while creating sufficient room for the debtor to continue its operations. When this balance is not achieved, a restructuring agreement that appears successful on paper becomes unworkable in practice.

We advise our clients on the restructuring of security instruments such as pledges, mortgages, guarantees, business pledges and assignment of receivables. In multi-creditor restructurings, we structure the sharing arrangements for securities and intercreditor agreements according to our client's position, and ensure the correction of incomplete or defective security registrations. For clients we represent on the creditor side, we assess the adequacy of existing securities, structure additional security demands and manage the enforcement of securities.

Post-Restructuring Process Management

The signing of a restructuring agreement is not the end of the process but the beginning of a new structure. Our experience demonstrates that the lasting success of a restructuring depends on how rigorously the post-agreement process is managed.

At Arısoy Law, we remain at our clients' side after the restructuring agreement enters into force. Monitoring the payment schedule, ensuring the fulfilment of security obligations, regular reporting to creditors and tracking compliance with agreement conditions are the fundamental elements of this process. We establish early warning mechanisms in the event of deviations from agreement conditions and manage the process when renegotiation with creditors is required. Our experience in restructuring processes lasting from 1 to 5 years has shown us time and again that this stage is not merely a legal obligation but a strategic commitment.


Highlights

- Advised one of Turkiye's leading textile exporters on the restructuring of debt in excess of USD 40 million through concurrent negotiations with its lending banks and trade creditors over a period of approximately two years.
- Advised one of Turkiye's leading textile finishing and dyeing companies on the restructuring of debt in excess of USD 100 million with its lending banks and trade creditors, in a process spanning approximately five years.
- Advised one of Turkiye's major jewellery companies, with operations in the gold and construction sectors, on the restructuring of debt in excess of USD 100 million with its lending banks and trade creditors over a period of approximately two years.
- Advised a footwear retailer on the restructuring of debt in excess of USD 65 million over a period of one year.
- Advised a group of companies active in the energy, textile and livestock sectors on the restructuring of USD 45 million of debt over a period of approximately 18 months.
- Advised a yacht builder on the restructuring of debt in excess of USD 25 million.
- Advised a leading cable manufacturer, ranked among Turkiye's top 500 companies with an annual turnover in excess of USD 120 million, on the closure of its manufacturing facility, including settlement agreements with its entire workforce in respect of employment-related claims and restructuring arrangements with its lending banks and finance lease providers.