Don't Pay Old Equity That Is Truly 'Under Water'!

As discussed last month, the law clearly shows that parties structuring cash-out mergers with distressed debtors must focus on two things: 1) timing the debt-for-equity exchange (and the resultant debt cancellation) so not to occur prior to the merger's effective time, and 2) demonstrating that the debtor was at 'the brink of bankruptcy' at the merger's effective time. A clear record should be built and maintained on these points, and the structure should accommodate the technical legal requirements.

18 minute readAugust 15, 2003 at 12:43 PM
By
Michael J. Sage
Mark E. Palmer
Don't Pay Old Equity That Is Truly 'Under Water'!

As discussed last month, the law clearly shows that parties structuring cash-out mergers with distressed debtors must focus on two things: 1) timing the debt-for-equity exchange (and the resultant debt

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