Undisclosed Clean Fuel Technology Company

Situation

The Company was threatened with foreclosure by its senior secured lender.  The Company developed and marketed cost-effective fuel additives to reduce harmful pollutants and enhance the combustion performance of fossil and renewable fuels, such as diesel, biodiesel and residual fuel.  It was uniquely positioned within the market with a proven, patented technology and the required regulatory certifications in several major states.

Engagement

Gordian quickly evaluated the Client’s strategic alternatives with regards to its investment in the Company in light of the foreclosure actions being pursued by the Lender.  After developing a creative and credible “carrots and sticks” strategy, Gordian was able to implement the most advantageous transaction possible for the Client – a rescue financing at terms favorable to the Client.  Given the alternatives Gordian presented to the Lender, it ultimately – and unhappily – consented to our deal.

Outcome

The Client jointly foreclosed on the assets of the Company with the Lender and gained 100% of the Company’s equity.  This allowed the Client not only to have a secured position in the Company’s assets, but also to realize any upside from a possible sale or other liquidity event.  As part of the deal, Gordian was able to negotiate a pre-agreed proceeds sharing formula with the Lender in the event of a sale – one that ensured that the Client would receive pro rata proceeds from a sale even before the Lender is paid in full. The Company was successfully sold and both the Lender and the Client received substantial economic benefits from the transaction.