Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A Tale of Two Asset Sales
The bankruptcy process is intended to maximize value inuring to the stakeholders of a troubled company ' a goal casually referred to as obtaining the “highest and best” value from the process. Restructuring professionals seek well-worn paths to achieve the highest and best value for a troubled company's assets, whether pursuing, settling or assigning claims or causes of action; unlocking hidden value in tax attributes; or running robust sale processes. Often, parties equate “highest” with “best,” which leads to sales processes with foregone conclusions and we never know what opportunities were left on the table that could have increased value for stakeholders. What follows is an example in which a Chapter 7 trustee, in deliberately separating the measure of “highest price” from “best outcome,” unlocked significant value for all stakeholders.
History
Formed in 1965, North American Specialty Glass (the Debtor) became one of the largest safety and security glass producers in the United States. By 2012, it employed nearly 100 people, a significant percentage of the working population in its home of Trumbauersville, PA. After several covenant defaults, the company was put into workout by Sovereign Bank, its secured lender, in 2009. During the lengthy forbearance, the Debtor's equity sponsor, Ironwood Mezzanine Fund and its affiliate (Ironwood), provided capital infusions to support the company's continued operation.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.