Distressed M&A: Seizing New Opportunities, Minimizing Legal Risks
Buying and Selling Troubled Businesses In and Out of Bankruptcy
Distressed debt deals hit $84.4 billion in 2009, more than four times 2008 levels
Recording of a 90-minute CLE webinar with Q&A
This seminar will discuss new opportunities in distressed M&A and offer best practices for deal counsel who are involved in structuring deals both inside and outside of a bankruptcy proceeding.
- Overview—impact of economic forces on M&A activity
- Opportunities for buyers and sellers in distressed M&A
- Out of court distressed M&A
- Chapter 11 auctions
- Credit bidding
- Bank loan portfolios
- Best practices for structuring the distressed M&A deal—from the buyer’s and seller’s perspectives
- Cash deposits
- Representations and warranties
- Bid protections and procedures
- MAC clauses
- Closing conditions
The panel will review these and other key questions:
- What are the key factors driving the increase in distressed M&A deals?
- What are some of the potential legal pitfalls in negotiating distressed M&A deals?
- What unique issues arise when M&A deals occur as a part of a bankruptcy proceeding?
- What are the best practices for counsel on both sides of the deal to tailor terms in distressed transactions?
Joseph Theodore Kinning
Fulbright & Jaworski
For over 20 years, he has successfully counseled a variety of regional and national corporate clients through... | Read More
For over 20 years, he has successfully counseled a variety of regional and national corporate clients through complex mergers and acquisitions, securities offerings, financings, restructurings and other business transactions. He represents clients in a variety of industries, including aviation, manufacturing, energy, transportation logistics, restaurants and banking.Close
He advises clients on mergers and acquisitions, special situations financing, financial restructuring and other... | Read More
He advises clients on mergers and acquisitions, special situations financing, financial restructuring and other corporate finance transactions. He also heads the office’s Distressed M&A Practice.Close
Berry D. Spears
Fulbright & Jaworski
He has represented clients in restructuring matters in numerous industries and commercial sectors, including... | Read More
He has represented clients in restructuring matters in numerous industries and commercial sectors, including financial institutions, manufacturers, telecommunications, real estate, retail, distribution, food services, and oil and gas. He has experience in purchasing, selling or liquidating troubled businesses or assets within or outside of bankruptcy cases.Close
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CLE On-Demand Audio