While there are a number of options for structuring acquisitions both in and out of bankruptcy, each with its own advantages and disadvantages, this article highlights a few of the more significant concerns for buyers and sellers in the acquisition of assets from a distressed company outside of the bankruptcy court process. 

Republished:
  • Association for Corporate Growth (ACG), Feb., 2009
  • VC Experts, Inc., March, 2009
  • Corporations Committee E-Bulletin (Business Law Section of the State Bar of California), March, 2009