A Comparison Shopping Guide for 363 Sales
Kelly K. Frazier and Others
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
A Comparison Shopping Guide for 363 Sales provides an in-depth review and analysis of asset sales approved pursuant to §363 of the Bankruptcy Code in various industries and in numerous jurisdictions across the United States. The Guide will assist potential buyers and sellers, and the professionals who represent them, in comparing terms and conditions of 363 sale transactions to determine what the market has to offer (and what it doesn't). The book analyzes more than 25 key provisions in purchase agreements approved in bankruptcy cases, including break-up fees, expense reimbursement, record retention and transition services. The Guide also provides an overview of a debtor's restructuring options and discusses the bankruptcy sale process in general, including the typical (and some atypical) steps to a successful sale, the ability to sell assets free and clear of liens and other interests, the assumption and assignment of executory contracts as part of the sale, the availability of an exemption from certain taxes, and other key issues to consider when deciding whether to buy assets or equity interests through a 363 sale. The print edition, available for purchase at the ABI website, also includes exhibits and appendices on a CD-Rom.