Distressed M&A

Weil regularly advises on the sale or acquisition of distressed companies whether in-court or out-of-court.  Weil has extensive experience in distressed buyouts, chapter 11 plan sponsorships, and sales under section 363(b) of the Bankruptcy Code. Purchasing a company and/or acquiring large amounts of its debt can yield substantial returns, whether done through a direct acquisition, becoming a chapter 11 sponsor, or a 363 sale. Weil has applied its more than 45 years of experience with restructurings to assisting buyers and sellers of distressed companies. For a description of significant seller representations in distressed M&A transactions, see Debtor Representations.
For more than four decades, Weil helped define distressed M&A in the United States and abroad.  By offering creative, practical, and thoughtful solutions, Weil ensures that clients achieve the most effective counsel regarding the complex issues associated with distressed M&A transactions.  Weil’s attorneys work together seamlessly to provide sophisticated advice on tax structuring, financing, securities law requirements, antitrust and other regulatory approvals, and, of course, bankruptcy/creditors’ rights issues.

Weil’s extensive experience in this area extends to representing institutional and strategic purchasers of assets of troubled companies in distressed out-of-court M&A transactions as well as bidders in sales conducted under the Bankruptcy Code, including the special requirements, issues, and pitfalls related to these transactions (e.g., successor liability; bidding strategies, procedures, and protections; and tax structure).

Selected Representations

Chapter 11 Plan Sponsorships

EQT

CCMP Capital Advisors

TH Lee

The Gores Group

Cerberus

VF Corporation

Whippoorwill Associates Inc.

Leucadia

Section 363(b) Sales

Whippoorwill Associates Inc.

China Aviation Industry General Aircraft Co., Ltd.

Gores

Retail Consortia

Shortcut Links

The Weil Bankruptcy Blog contains developments on the restructuring world from our Business Finance & Restructuring team. The European Restructuring Watch presents views from Weil's European teams.