ANNEX IV :  CO-OPTING SUPPORT

A realistic plan for co-opting the support of lenders, important suppliers, important employees, the unions, the customers, existing or prospective shareholders and other investors, and possibly some branches of government, constitutes an essential element of any viable Turnaround Concept.

This co-opting of support is closely related with the issue of turnaround communications. Communications with employees are discussed in the previous Annex. The present Annex focuses on communications with external stakeholders mentioned above.

By the time a company realizes that it is in serious trouble, chances are that many expectations, which management previously expressed to lenders, existing or prospective shareholders and potential investors have not been realized. Chances are that these parties are skeptical about the company's ability to predict and achieve results. Further support of these providers of capital is usually dependent on the company's ability to re-establish its credibility by demonstrating tangible improvements, in terms of profit, productivity, cost and / or sales, and sometimes through intelligent controls.

In such situations, I found it very useful to report, as much as is possible, to banker and other providers of capital, operating improvements in areas such as shop-floor productivity, in both physical terms and in terms of their impact on profitability and cash-flow.

Usually, it is easier to obtain the support of third parties in stages – as concerns the support of individual parties, and of the support of the entire group. Intelligent priorities have to be set concerning the plan and the sequence for co-opting support.

Support of third parties may be obtained through ‘incremental win-win arrangements'.

 Case #1   –  A 10% Win-Win Arrangement. Consider this situation, which I encountered in more than one troubled company. The company can obtain profitable jobs from certain customers, but is stuck because its Bank credit is at the limit, and to run these jobs the company needs deliveries from suppliers, who demand full payment of large arrears before they would deliver again on open account. Meeting these demands is almost impossible. Moreover, it would put the company in an even worse cash crunch. If this were your company should you forego these profitable orders, or should you run to the Bank to pledge your house in support of what would probably be a small increase in your loan? Are these the only solutions? Is it a Catch-22 situation? 

Not really. My experience in those cases was that when the situation of the troubled company was properly explained to the suppliers, practically all of them agreed to ship small orders on the basis of COD plus 10% of value of these orders towards the balance in arrears. As the 3M company used to say : 

"We paid a little, manufactured a little, sold a little, reordered a little, and repeated this cycle as often as possible."

We made money on these orders, and they grew. The suppliers cooperated, because the above proposal (which I made) was good for them – they were making money on our new orders without extending further credit, and furthermore, the arrangement also enabled them to recover the amounts in arrears. Before long their confidence in the company rose.

My experience is that when management is creative and flexible, and works to obtain cooperation of third parties on a basis that is attractive to both sides of the transaction, many intelligent new arrangements are possible : with lenders, with minor suppliers, different ones with key suppliers, with shareholders, with unions and even with governments. All these arrangements contribute to the turnaround.

Sometimes though, the cooperation of creditors and other parties (such as new lenders and unions) to cooperate is not manifest until the company is placed under the protection of bankruptcy laws. There may also be other reasons that make a corporate reorganization feasible only when combined with such a filing. See the next Annex for more information on reorganization under protection of bankruptcy laws.

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Next :  Annex V - When to Re-organize Under Protection of Bankruptcy Laws

 

 

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