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.
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