Explanatory Note: This Legal Project Management Tool is a checklist of important items to consider in connection with the sale of a distressed company pursuant to Section 363 of the U.S. Bankruptcy Code. Such sales present special challenges since they are conducted on a fast-track basis and often but not always in an open setting before a bankruptcy court judge. Many of them involve assets that are located in foreign countries. This checklist is offered as a guide for cross-border and U.S. transactions involving such assets and has been thought out specifically for practitioners.
Please refer to M&A Pre-Deal Document No. 1 in Using Legal Project Management in Merger and Acquisition and Joint Venture Transactions: A Guidebook for Managing Deals Efficiently and Effectively, Third Edition (Byron S. Kalogerou and Dennis J. White, eds.) for more general deal topics that should also be considered in a Section 363
India: Section 363 Bankruptcy Sale Checklist for Cross-Border Transactions
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