FAIRNESS OPINIONS

Today’s transactions are often very complex, and require a careful analysis of impact to various constituents. Further, any perception of a potential conflict of interest by any constituent could pose a further challenge to a transaction. In order to ensure transactional fairness to a specified party and to further mitigate risk of potential litigation, it is important to obtain a fairness opinion from an independent, credible firm that is not involved in the transaction either as a principal or as an intermediary.

Examples of transactions that might require a fairness opinion include:

  • Affiliate and Insider Transactions
  • Spin-Offs
  • Going Private Transactions
  • Related-Party Transactions
  • Synergistic Mergers
  • Transactions Involving Competing Offers
  • Recapitalizations
  • Down-Round Financings

SOLVENCY OPINIONS

Fraudulent conveyance is a key concern for boards of directors, trustees, and lenders in certain transactions. Solvency opinions and capital adequacy opinions help mitigate the risk of a perceived fraudulent conveyance.

Examples of transactions that might require a solvency opinion include:

  • Leveraged Transactions
  • Recapitalizations
  • Stock Redemptions
  • Dividend Distributions
  • Spin-Offs

The Globalview Advantage

Globalview’s experience providing fairness and solvency opinions and our status as an independent firm that is not a party to a transaction either as a principal or as an intermediary, results in high-quality opinions that are not subject to challenge due to actual or perceived independence, or conflicts of interest issues. Boards of directors, trustees, other fiduciaries, and lenders can take comfort working with a high-quality, independent third-party provider.