Case Study #5
Company Profile
- Company has raised $65 million from venture capitalists through four
rounds of financing.
- The most recent financing occurred 14 months prior to Sherwood’s
involvement.
- Company provides product lifecycle automation software.
Financial Situation
- Company has $1.5 million in cash with a monthly cash burn rate of $800,000
- Company has Accounts Payable of $4 million
- Company is seeking additional funding; however preliminary feedback is
not encouraging. A “critical” investor is requiring that all
prior investors fund their pro-rata share or it would not participate in
the next round.
- The Board intends to clarify the funding situation within two weeks.
If funding is unavailable, the Board intends to initiate an insolvency
proceeding.
Sherwood Mandate
- The Board needs to clarify its ability to fund the Company without the “critical” investor.
- The Board directs Sherwood to communicate the Company’s financial
situation to key vendors to determine their receptiveness to a financial
restructuring.
- The Board wants to confirm that the Company will have some working capital
to achieve key milestones if additional funds are forwarded.
Results
- Sherwood contacted key creditors to initiate settlement negotiations.
Payment would be based upon available cash plus a portion of the newly
invested capital.
- The Company and the Board were not able to keep the funding syndicate
together. Company concluded that additional fund raising efforts were not
going to be successful.
- Company entered into an Assignment for the Benefit of the Creditors (“ABC”)
with Sherwood.
- Sherwood initiated the orderly wind-down of the estate and monetized
key assets.
- Sherwood maintained the IP platform for two months while it finalized
an asset sale with a key competitor.
- Sherwood made distributions to creditors. There was no secured creditor,
so unsecured creditors received 60% of their outstanding balance.