WLG 2020 Fall eConference: M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets

• Panelists discussed the basic mechanics of secured creditor financing and how a debtor-in-possession financing is advantageous for the lender in a subsequent sale process.
• There are differences between when a distressed company runs its own sale process and when the process is overseen by a trustee or third-party fiduciary.
• Remedial legislation is loosening restrictions on unauthorized trading during the pandemic in some jurisdictions.
• When distressed assets are rapidly losing value, there is a need for a highly expedited sale and there are limitations associated with that.

Moderators:
Jonathan Young, Locke Lord LLP - Massachusetts, U.S.A.
Victor Xercavins, Cuatrecasas - Spain

Panelists:
Daniel Kamke, CMS Germany - Germany
Vicente Lines, Arias - Costa Rica
Satwinder Singh, Vaish Associates - India