Distressed M&A: Issues and Opportunities

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.