In spite of the decline in M&A activity, there are still opportunities, particularly for acquisitions of distressed companies. This audio conference will examine distressed M&A transactions and look at the key issues for both out-of-court and bankruptcy transactions.
- Market Overview
- Out-Of-Court Transaction Issues
- Fraudulent Transfer – beware of having a transaction unwound after it closes
- Successor Liability – heightened concern due to less effective indemnification protections
- Fiduciary Duties of Directors – not only the seller’s concern
- Bankruptcy Transaction Issues
- Pre-packaged Chapter 11 Plan v. Pre-Arranged Chapter 11 transaction - when does one make sense over the other?
- Bidding Procedures: - Stalking Horse Benefits, Protections and Risks
- DIP Financing and First Day Motions
- The Lehman Bros., Chrysler & GM Experiences - Unique deals for unique circumstances, or harbingers for the next wave?