What are the Next Steps?
Decisional Pathway
  • When you feel you need help, you need to ask for a Facilitated Discussion
  • We have some tools and the experience to help get reluctant landlords/suppliers/financiers to the table
  1. Work hard to arrange for Facilitated Discussions
  2. If you need a mediator to manage a Financial Discussion, do so. It’s likely the only chance you’ll have since another opportunity may not come up
  3. ​Make sure you have a mediator with knowledge of accounting and financial terminology, etc.
Benefits
How to Proceed
  • Speed
  • Privacy of the meeting
  • Neutrality
  • Subject matter knowledge and  expertise 
  • Organized approach
  • Own their own financial destiny
  • Reduces the stress of negotiations - less intimidating 
  • Ability to involve accountants as necessary
  • Potential avoidance of unfavourable proceedings
  • In some cases, it will help businesses better understand their own financial situations
  • Not sure how or can’t enlist the other party(ies)
  • Call us about procedural steps or to book a Facilitated Discussion
  • To preserve our neutrality, we can’t engage in ex-parte discussions about individual matters in advance of any Facilitated Discussion

What Do We Explore?

  • All Facilitated Discussions are “Without Prejudice.”
  • Review all current working capital and future cash flows
  • Need to ”inventory” current and future financial commitments.
  • Need to consider future contingencies such as potential employee termination packages caused by restructuring and employee accommodations
  • Business traffic volume/streams (pre- and post-Covid) through 16 to 20 months ahead
  • Refinancing options lending (conventional and unconventional), Purchase sale and lease-backs, Leasing, Floor planning, Factoring, Debt-Equity swaps, Hypothecated  Trust deeds, Venture capital, financial brokers, in some cases CRA fairness committee, discussions with supplier credit managers.
  • Utilizing older traditional bank terminology, this process is called providing a “Workout” solution.
  • Dealing with present debt/leverage, and cash flow issues
  • Future cash flows: what if we have another Covid wave, or traffic levels don’t increase as projected? We  can discuss writing up MAC Clauses or if things improve, MFC Clauses. 
  • Minutes of Settlement: can be subject to ILA and/or other professional advice
  • Approach to consider when soliciting financial sources