Stalking horse apa
“Stalking Horse APA”),2 subject to higher or otherwise better bids received at an auction pursuant to the bidding procedures, as set forth more fully in the Sale Motion. 10. Certain sections of the Stalking Horse APA contain commercially sensitive information that the Debtors and Stalking Horse Bidder believe require protection from disclosure. A stalking horse bidder also is in position to negotiate favorable bidding procedures aimed at discouraging other bidders from participating. The bidding procedures ultimately are subject to bankruptcy court approval, but the stalking horse bidder may be in position to control crucial aspects of the procedures. A stalking horse is a figure that tests a concept with someone or mounts a challenge against someone on behalf of an anonymous third party. If the idea proves viable or popular, the anonymous figure can then declare its interest and advance the concept with little risk of failure. For “stalking horse” bidders, the purchase of a bankruptcy debtor’s assets comes with certain risks, including uncompensated due diligence. To provide incentive to prospective stalking horse bidders, courts will often approve Bid Protections, which are commonly memorialized in the APA between the stalking horse and the debtor and included in the bid procedures order (the “ Procedures Order ”). Stalking Horse/ Baseline APA – Ideally in any asset sale, the estate and its constituents have a strong base-line bid for the assets to be sold, known as the stalking horse bid. The stalking horse asset purchase agreement (the ‘‘APA’’) often provides the foundation for the bid procedures and timing as the stalking horse will usually other things, the Stalking Horse APA provides for a guaranteed payment of 75% of the cost of the Debtors inventory which is based on in excess of $110 million of inventory and should provide more than $82 million in proceeds. 7. The Stalking Horse APA includes certain protections for the Stalking Horse Purchaser.
7 Jan 2020 A stalking horse bidder that executed an asset purchase agreement to The Bankruptcy Court noted that the APA's definition for an MAE was
18 Jan 2019 The Company has entered into an asset purchase agreement with Special Situations Investing Group, Inc. (SSIG), an affiliate of Goldman Sachs 7 Mar 2019 “We are very pleased to have completed a 'stalking horse' asset purchase agreement for Rising Pharmaceuticals. With its deep expertise in the 15 Nov 2019 The Debtor has an asset purchase agreement with Landry's for a stalking horse bid for most of the assets. COPYRIGHT © 2020, STARK & STARK. 30 Sep 2019 The proposed stalking-horse asset purchase agreement with Jansan contemplated a credit bid of the entire amount of the Second-Lien Debt 8 Jan 2019 an Asset Purchase Agreement among the Stalking Horse Bidder (as the sale of certain of Vari-Form's assets (the “Stalking Horse Assets”) 24 Aug 2019 (collectively, the “CCPN Assets”) identified in the form of asset purchase agreement attached hereto as Exhibit A (the “Stalking Horse 3 Nov 2018 Sears Holdings Seeks Court Approval Of Stalking Horse Asset Purchase Agreement With Service.com To Sell Sears Home Improvement
Related words - stalking-horse synonyms, antonyms, hypernyms and into a " stalking horse" Asset Purchase Agreement (APA) with Kachi Partners (Kachi),
In addition, the “stalking horse” may have substantial input over the terms of the Asset Purchase Agreement (“APA”), whereas other bidders may be forced to live 17 Mar 2015 An investor can benefit by being the "stalking horse" in a bankruptcy sale by setting the terms it would like to include in its asset purchase 8 Mar 2018 Real Alloy Announces Asset Purchase Agreement as Part of “Stalking Horse” Bidding Process. BEACHWOOD, OHIO, March 8, 2018 – Real
A stalking-horse bid is the initial bid on a bankrupt company's assets from an interested buyer chosen by the bankrupt company.
Ultimately, these negotiations resulted in the Debtors’ execution of the Stalking Horse APA, pursuant to which the Stalking Horse Bidder agreed to purchase the Purchased Assets and to assume certain liabilities and obligations (the ‘Assumed Liabilities’) for a cash bid of $65.0 Million as the Purchase Price, (dated) A horse used as cover by a hunter stalking game, (idiomatic, politics) A candidate put forward to serve a hidden, ulterior purpose in a political campaign, such as testing the field for another potential candidate by gauging voter sentiment or covertly helping another candidate by attracting voters away from a third candidate. Stalking horse definition is - a horse or a figure like a horse behind which a hunter stalks game. a horse or a figure like a horse behind which a hunter stalks game; something used to mask a purpose… The stalking horse becomes a known quantity and can use the opportunity to get both the debtor and creditor groups comfortable that the purchaser will be able to close the deal quickly and efficiently once the sale is approved. Lawyer Contact For further information, please contact your principal Firm representative or the lawyer listed below. “Stalking Horse APA”),2 subject to higher or otherwise better bids received at an auction pursuant to the bidding procedures, as set forth more fully in the Sale Motion. 10. Certain sections of the Stalking Horse APA contain commercially sensitive information that the Debtors and Stalking Horse Bidder believe require protection from disclosure.
8 Jan 2019 an Asset Purchase Agreement among the Stalking Horse Bidder (as the sale of certain of Vari-Form's assets (the “Stalking Horse Assets”)
A stalking horse offer, agreement, or bid is a bid for a bankrupt firm or its assets that Their partner in this asset purchase agreement was BH S&B Holding LLC,
Under the Stalking Horse APA, Purchaser has agreed to purchase the vast majority of the Debtor's Assets (defined as the “Purchased Assets" (see Section 2.1 of the Stalking Horse APA)) for the total consideration of $1,290,000, which consists of a combination of debt assumption, a credit bid A stalking horse bidder that executed an asset purchase agreement to buy the remaining assets of certain chapter 11 debtors (comprised of four hospitals) sought to postpone the closing of the sale. The would-be buyer of the hospitals alleged that the debtors had failed to comply with all of their obligations under the asset purchase agreement, resulting in an MAE that relieved it of the obligation to close the sale. “Stalking Horse APA”),2 subject to higher or otherwise better bids received at an auction pursuant to the bidding procedures, as set forth more fully in the Sale Motion. 10. Certain sections of the Stalking Horse APA contain commercially sensitive information that the Debtors and Stalking Horse Bidder believe require protection from disclosure. The final Stalking Horse Offer will be determined prior to the Auction. Bidding. The APA is subject to the Assignee’s right to receive a higher and better bid from a qualified bidder at the Auction. timeline could cause the APA with the Stalking Horse Bidder to terminate to the detriment of the Debtors’ estates and stakeholders. The APA with the Stalking Horse Bidder constitutes the best offer received by the Debtors and will enhance the Debtors’ sale process. Moreover, the sale