Asset Purchasers

Selling and buying businesses in distress comes with complexities and an extensive list of considerations. We have substantial experience advising on all aspects of the Section 363 sale process.

Need to sell?

If you are looking to sell a distressed company – we got you.

We have the comprehensive experience to take you from the start of the sale process through the closing.

• Hiring a broker or investment banker
• Drafting and negotiate a stalking horse agreement
• Evaluating competing bids
• Conducting an auction
• Taking the necessary corporate steps to close the transaction

We offer creative and practical solutions to achieve your business’ strategic goals. We take a multidimensional approach to provide sophisticated advice on financing, tax implications, and securities law requirements, in addition to the core bankruptcy and creditors’ rights issues.

Looking to buy?

You want to buy a distressed asset but have no idea what might be involved.

We help you navigate the sale process when buying a distressed company, including:

• Analyzing the bid procedures and identifying strategic bid alternatives
• Negotiating a stalking horse agreement with bid protections
• Participating in an auction
• Taking the necessary corporate steps to close the transaction

We work with investors and other strategic acquirers in the distressed field to identify which purchasing opportunity makes the most sense – whether it be distressed debt, distressed assets, loan-to-own financing, or credit-bidding prepetition secured debt. As distressed asset transactions require a full understanding of bankruptcy court procedures and the interplay between bankruptcy and corporate laws, we regularly draw upon the experience of our mergers and acquisitions and tax colleagues to ensure that pitfalls related to these types of transactions are avoided, and every aspect of the transaction is aligned with your desired outcome.

Industry agnostic approach

Our team applies critical thinking, strategic planning, and creative solutions for clients across industries, with recent notable experience in high-profile real estate, hospitality, retail, healthcare and manufacturing transactions. Our restructuring group is full-service and is prepared to address all forms of complex distressed asset sales and acquisitions, both in and outside a formal insolvency proceeding.

Connecting you to your next opportunity

If you’re looking for an opportunity – we can help you connect the dots through our vast network.