Asset Sales & Section 363 Transactions

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In conjunction with members of our mergers & acquisitions and tax teams, our highly skilled business restructuring attorneys provide comprehensive advice on all forms of distressed asset sales.

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“They are exceptionally sharp, very professional and very user-friendly. I’d characterize them as making bankruptcy law very accessible.” Client, Chambers USA
“They view things from a business perspective and have a practical sense about them.” Client, Chambers USA
“We were very comfortable with making decisions based on the excellence of their advice.” Client, Chambers USA

Whether our client’s focus is on a single asset or a large and complex multinational 363 transaction, we guide our clients from negotiating “stalking-horse” or other forms of purchase agreements to implementing appropriate bid and sale procedures through the due diligence process to closing the deal.

Our recent and notable asset sale and Section 363 transaction experience includes representation of:

  • Key Food Stores Co-operative Inc. in connection with its $128 million acquisition of 23 supermarkets from A&P in the case of In re The Great Atlantic & Pacific Tea Company, a chapter 11 proceeding in the United States Bankruptcy Court for Southern District of New York
  • H.I.G. Capital in connection with its $434 million international acquisition of Arctic Glacier’s Canadian and U.S. businesses in a combined U.S.-Canadian process, in the case of In re Arctic Glacier, Inc., a Chapter 11 proceeding in the United States Bankruptcy Court for the District of Delaware.
  • Avaya in connection with its $950 million international acquisition of Nortel’s Enterprise Business in a combined U.S.-Canadian process, in the case of In re Nortel Networks, Inc. et al., a Chapter 11 proceeding in the United States Bankruptcy Court for the District for Delaware.
  • TSG Consumer Partners LLC in successfully acquiring a major hair care products manufacturer, Big Sexy Hair, in a contested reorganization plan process, in the case of In re Sexy Hair Concepts, LLC et al., a Chapter 11 proceeding in the United States Bankruptcy Court for the Central District for California.
  • Bain Capital in connection with its $2.15B “stalking-horse bid” to acquire substantially all of the assets of the investment management division of Lehman Brothers, Neuberger Berman, in the case of In re Lehman Brothers Holdings, Inc., a Chapter 11 proceeding in the United States Bankruptcy Court for Southern District of New York.
  • R3 Capital Partners in a sale and settlement transaction in the Chapter 11 cases of Lehman Brothers Holdings Inc. and its affiliates, in the case of In re Lehman Brothers Holdings, Inc., a Chapter 11 proceeding in the United States Bankruptcy Court for Southern District of New York.
  • A group of the largest bondholders in connection with a backstop for a $250 million rights offering and bid to purchase substantially all of the assets of Tower Automotive, Inc., in the case of In re Tower Automotive, Inc. et al., a Chapter 11 proceeding in the United States Bankruptcy Court for the Southern District of New York.
  • American Industrial Partners in its successful acquisition of Potomac Supply Corporation, a Virginia-based producer and supplier of lumber and lumber treatment products to American and European markets, in the case of In re Potomac Supply Corporation, a Chapter 11 proceeding in the United States Bankruptcy Court for the Eastern District of Virginia.