Distressed Acquisitions and Investment

Navigating the complexity of a financially distressed company with the nuances of acquiring it in the financial distressed landscape.

Distressed Acquisitions and Investment

At WGH, we utilize our expertise in business, bankruptcy code, and court proceedings to help buyers and sellers in situations involving distressed assets.

This includes distressed companies, bankrupt companies, or assets from these companies. Our lawyers counsel and guide buyers and sellers through these complex negotiations and supply clients with peace of mind during distressed acquisitions.

For buyers, we provide strategic counsel to increase the likelihood of successful acquisitions. We also 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.

For sellers, our firm possesses an unequaled acumen in assessing deal structures to instill market confidence, which maximizes value. Most importantly, we thoroughly understand the pivotal points of the distressed acquisition process and the path to closing.

We use our M&A and private equity skills in conjunction with our extensive knowledge and understanding of reorganization and bankruptcy law to streamline this process and ensure clients fully understand it. We understand how complicated this process is; our passion is simplifying it for clients to eliminate stress and anxiety.

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.