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San Francisco, March, 2008
Maximizing Enterprise Value through a “Date Certain M&A Process” and Balance Sheet Restructurings

Gerbsman Partners has been involved with numerous national and international equity sponsors, senior/junior lenders, investment banks and equipment lessors in the restructuring or termination of various Balance Sheet issues for their portfolio companies, as well as maximizing enterprise value through a “Date Certain M&A Process”.

These companies were either in Crisis or experiencing a business model that was not working, had CASH and/or investor groups that were about to provide additional funding. In order stabilize their go forward plan and maximize CASH resources for future growth, there was a specific need to address the Balance Sheet and Contingent Liability issues as soon as possible and/or maximize the value of company and its Intellectual Property.

Some of the areas in which Gerbsman Partners has assisted these companies have been in the termination, restructuring and/or reduction of:

  • Prohibitive executory real estate leases, computer and hardware related leases senior and sub-debt obligations - Gerbsman Partners was the “Innovator” in creating strategies to terminate or restructure prohibitive real estate leases, computer and hardware related leases and senior and sub-debt obligations. To date, Gerbsman Partners has terminated or restructured over $750 million of such obligations. These 75 deals were a mixture of both public and private companies, and allowed the restructured company to return to a path of financial viability or assisted in insuring an orderly shut down of operations.

  • Accounts/Trade payable obligations - Companies in a crisis, turnaround or restructuring situation typically have accounts and trade payable obligations that become prohibitive for the viability of the company on a go forward basis. Gerbsman Partners has successfully negotiated mutually beneficial restructurings that allowed all parties to maximize enterprise value based on the reality and practicality of the situation.

  • Date Certain M&A Process - Gerbsman Partners believes the best approach for maximizing enterprise value for under-performing and/or under-capitalized technology and life science companies and their Intellectual Property is a "date-certain" M&A process. This process has significant advantages of speed, cost and flexibility. Gerbsman Partners' experience in utilizing a "date certain" M&A process has resulted in numerous transactions that have maximized value anywhere from 2-4 times what a normal M&A process would have generated for the IP and asset(s). Please visit Date Certain M&A

Gerbsman Partners

Since 1980, Gerbsman Partners has focused on maximizing enterprise value for highly leveraged, under-performing, under-valued and under-capitalized companies and their Intellectual Property. Gerbsman Partners has also assisted numerous emerging growth and middle market companies develop and execute their financial and capital formation strategies, access the capital markets and provide for technology and life science strategic alliances and licensing of Intellectual Property. Blog-

Gerbsman Partners provides the following services:

  • Crisis/Turnaround Management
  • Private Investment Banking
  • Balance Sheet Restructuring
  • Intellectual Property Transaction Advisory
  • Domain Expertise – Wireless & Web 2.0

Gerbsman Partners has been involved in transactions totaling more than $2.1 billion, in industries as diverse as:

  • technology
  • wireless & web 2.0
  • bio-tech
  • software
  • life sciences
  • internet
  • distribution
  • telecommunications
  • hotel/time share
  • specialty retail
  • manufacturing
  • financial services
  • natural services
  • apparel
  • gaming

We have a wealth of experience in the capacity of "Crisis Manager" as acting "CEO" and "Chief Restructuring Officer", as a member of the Board of Directors and as an Examiner for the Office of the United States Trustee. Gerbsman Partners has offices and strategic alliances in the North America, Europe and Israel.

Also, please visit Gerbsman Partners blog –

For additional information please contact:

Steven R. Gerbsman
+1 415 456 0628

Gerbsman Partners
211 Laurel Grove Avenue, Kentfield, CA 94904
Phone: +1.415.456.0628, Fax: +1.415.459.2278
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