Acquiring Technology Assets From Distressed and Bankrupt Sellers

The last few months have seen unprecedented global economic turmoil and social disruption, and despite vigorous stimulus measures, many businesses will face drastic choices as economies inch back toward normalcy following the coronavirus (COVID-19) pandemic.

While technology is resilient and adaptable to social distancing and stay-at-home orders, many tech companies may be forced to confront hard choices while others will position themselves for inevitable opportunities to expand. In either case, our bankruptcy and M&A panelists Andrew Gallo and Andy Ray will discuss the expected environment as regards the technology space and considerations for companies seeking sales or acquisitions.

Topics will include:

• Bankruptcy and nonbankruptcy alternatives
• Basics of Section 363 sales in bankruptcy: benefits and timing
• Common provisions of stalking horse agreements
• Bidding procedures and auctions
• Plan sales
• Dealing with licenses, IRUs, and other contractual rights in bankruptcy sales
• Regulatory considerations