Distressed Acquisitions and Investment

Navigating through the complexities of distressed asset/company acquisitions

Distressed Acquisitions and Investment

WGH leverages its expertise in business, mastery of the bankruptcy code, and understanding of bankruptcy politics and court proceedings to help buyers best position themselves for the acquisition of distressed companies and/or assets. Distressed acquisitions can be complicated, and when in bankruptcy, can often feel like a visitor on foreign land. Buyers need sophisticated lawyers with financial and distressed expertise to help negotiate and best position them for a successful acquisition. 

We provide strategic counsel to increase the likelihood of successful acquisitions. We thoroughly understand the pivotal points of the distressed acquisition process and the path to closing. We offer a process map for completing purchases that emphasizes assessing legal obligations and risk to enable buyers to make a realistic assessment of the asset’s value, which requires thoroughly vetting liabilities. 

Distressed acquisitions and investments require multiple specialists; we have all of them on our team. At WGH, we can counsel clients in all facets of these transactions, including:

  • Negotiations
  • Drafting complex asset-purchase agreements
  • Loan document acquisition
  • Due diligence and opportunity assessment
  • Attendant stalking-horse bidder protections
  • Advising sellers and bidders on how to participate in auctions
  • Representing sellers and buyers in court hearings
  • Structuring investments 
  • Minimizing costly bidding wars
  • Obtaining break-up and topping fee protections
  • Minimizing the risks of successor liability
  • Deferring and/or reducing tax liabilities 
  • And much more

What Our Clients Say

Distressed acquisitions and investments are essential to capitalizing on opportunities within volatile markets. Whether you are a buyer or seller, we can help you meet your personal and business objectives with tailored, attentive, and effective legal solutions.