In today's economic climate, sales conducted in bankruptcy are, or are soon to be, a shopping-lover's paradise for the bargain-hunter. The best deals, however, will go to the most informed. 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 assists 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.
Includes a companion PDF containing the exhibits and appendices.