The Art of M&A, Fourth Edition, Chapter 11 - Workouts, Bankruptcies, and LiquidationsThis chapter is from The Art of M&A, Fourth Edition, which, since its original publication, has been the definitive source of information for authoritative guidance on all aspects of mergers and acquisitions. This book provides clear, in-depth answers and explanations on everything from the SEC rules and new tax guidelines to documents and key players. From structuring to due diligence to integration, the authors provide up-to-the-minute information on avoiding mishaps and completing the deal. |
Contents
| 861 | |
| 862 | |
| 864 | |
Bankruptcy | 866 |
State Insolvency Proceedings | 878 |
Structuring a Leveraged Buyout to Minimize Insolvency Risk | 882 |
Financing Alternatives for Companies with Losses | 887 |
AccountingTax Issues for Companies with Losses | 889 |
Liquidation | 891 |
Concluding Comments | 893 |
The Samex Case Illustrating the Vulnerability of the Bankruptcy Process to Fraud and the Relative Finality of Acquisition Decisions Made in Bankrup... | 898 |
Notes | 900 |
Common terms and phrases
$9m loan acquirer acquisition American Bankruptcy Institute Amphenol bank bankruptcy filing bankruptcy law bankruptcy proceedings becomes insolvent bidders bondholders business bankruptcies business judgment rule Buyer capitalist forms Newco carryback cash Chapter 11 bankruptcy claims committee company’s corporation’s debtor deductions defaulting entity directors distressed entity emerges from bankruptcy Enron equity stake federal fiduciary file for bankruptcy foreclosure fraudulent conveyance laws Fraudulent Conveyance Risk funds insolvent entity investing $1 million investors leveraged buyout liquidation value merger Newco by investing NY-S payments percent point to fraudulent Posing Fraudulent Conveyance protection Purchase Price reorganization plan restructuring ruptcy Samex secured debt Seller shareholders stock purchase stockholders Structure Posing Fraudulent subsidiary target corporation taxpayer technique could point Trans World Airlines transaction Transfer troubled company trust U.S. Bankruptcy Code U.S. Bankruptcy Court U.S. bankruptcy law U.S. Constitution U.S. Supreme Court United States Trustee unsecured creditors venture capitalist forms workout WorldCom