The recent credit crisis and slowing economy have resulted in an increase in distressed mergers and acquisitions (M&A) transactions. In this timely program, Foley attorneys Steven H. Hilfinger, Daljit S. Doogal, and Geoffrey S. Goodman, along with Miller Buckfire & Co. Director Alexander Tracy, discuss the issues, opportunities, and challenges both sellers and buyers face in distressed M&A transactions. Topics included:
Should a transaction be effectuated in or out of bankruptcy?
If in bankruptcy, should the transaction be consummated under a plan or as a Section 363 sale?
What are the threshold considerations facing various constituencies, including the buyer, seller, senior lenders, junior creditors, and other stakeholders?
Given today’s credit climate, what alternatives are available for financing a distressed M&A transaction?
What critical issues should be addressed in the purchase agreement?
For additional information about Foley’s M&A Briefing Series, please contact Jackie Polson at jpolson@foley.com.
