The Art of the (Bad) Deal – An Overview of Certain Considerations in Distressed M&A Transactions

Ballard Spahr LLP
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Distressed companies can be attractive acquisition targets, as their values often reflect the difficulties they face. It is not hard to imagine that the circumstances surrounding COVID-19 will lead to 1. an unprecedented wave of distressed mergers and acquisitions transactions and 2. a meaningful shift of relative bargaining power to favor buyers (in contrast to the last 10+ years where sellers have generally enjoyed a stronger negotiating position). A distressed environment impacts both the way in which deals get done and the considerations that influence the execution of transactions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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