Sponsored Events March 21 - 22, 2023

The M&A Advisor’s 2023 Distressed Investing Summit

Palm Beach, FL

Speakers

Evelyn J. Meltzer

Register Here

March 21 – 22, 2023

Troutman Pepper is pleased to sponsor The M&A Advisor’s Distressed Investing Summit taking place March 21-22 in Palm Beach, Florida. Evelyn Meltzer will be speaking during the “Selecting the Right Process for Asset Sales: Section 363, ABCs, and Article 9 Foreclosures” session.

About the Session

Three methods are commonly used to sell assets of a financially distressed company:

  1. a section 363 bankruptcy sale;
  2. a sale of assets following an assignment for the benefit of creditors (“ABC”); and
  3. a sale by a secured party under Article 9 of the UCC.  This panel will discuss these three methods focusing on the advantages and disadvantages of each method from the perspective of the seller, buyer, secured creditor and other key constituents.    

Attendees will learn about the following:

  • Distressed Sales
    • 363 sales
    • ABC sale
    • Article 9 foreclosure sale
  • Transaction Constituents and their competing goals
  • Buyer considerations when selecting the transaction structure
  • Overview of Article 9 sales including advantages and disadvantages
  • Overview of Assignment for benefit of creditor Sale including advantages and disadvantages
  • Overview of Section 363 sale including advantages and disadvantages
  • Buyer risks and how these risks are mitigated depending of the sale structure
    • Fraudulent transfers
    • Successor Liability
    • Involuntary bankruptcy of seller

This topic is important because it will provide an overview of the types of distressed M&A and the pros and cons associated with each.  Understanding these issues is critical to ensure that the buyer gets the benefit of its bargain while reducing associated risks.

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