Why You Should Learn the Playbook: Know the Game Plan for Distressed Acquisitions and Divestitures, Part Two—Sampling of Market Terms and Timelines in Court-Approved Asset Sales
This Briefing is brought to you by AHLA’s Business Law and Governance Practice Group.
- November 21, 2024
- Jessica Scouten , PYA, PC
- Megan Preusker , Mintz Levin Cohn Ferris Glovsky & Popeo PC
- Ryan K. Cochran , Epstein Becker & Green PC
When a company or its creditors have determined that a sale process presents the best opportunity to maximize value, there are two options to provide for a court-approved sale “free and clear” of unpaid liens, claims, and encumbrances. One is a sale effectuated in a bankruptcy case. A second is a sale accomplished in a receivership proceeding. Whether in bankruptcy or receivership, there are two primary methods of liquidating by sale—private sales and public sales (i.e., auctions). In each case the mandate of the debtor or receiver on the sell side is to achieve the highest and best value for the benefit of the company’s creditors.
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