The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies

  • 8h 36m
  • Alexandra Reed Lajoux, H. Peter Nesvold, Jeffrey M. Anapolsky
  • McGraw-Hill
  • 2011

Pessimists see distressed M&A . . .

Optimists see distressed M&A

Opportunities abound in “bankruptcy beauties”—both in good times and bad. Distressed mergers and acquisitions used to be the domain of a handful of specialists, who generated handsome profits by unlocking value in troubled companies. Now, you can learn the secrets for participating in these deals with knowledge and confidence. The Art of Distressed M&A provides the critical information needed to manage the unique complexities of buying, selling, and financing troubled companies.

The Art of Distressed M&A arms you with creative solutions to seemingly impossible problems and helps you to avoid common pitfalls. This comprehensive guide enables you to:

  • Understand the roles, rights, and responsibilities of debtors, secured creditors, unsecured creditors, advisors, trustees, and bankruptcy courts
  • Navigate through complicated valuation, financing, legal, accounting, and tax issues
  • Communicate effectively and make informed proposals in multiparty negotiations
  • Create the optimal deal structure—from prepackaged plans of reorganization to 363 sales to loan-to-own transactions

The Art of Distressed M&A also highlights practical examples using recent bankruptcy cases following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and is the first publication of its kind since The Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.

About the Authors

H. Peter Nesvold, Esq., CFA, CPA, is a managing director at Jefferies & Co. Previously, he was a portfolio manager/analyst at Lazard Asset Management and an M&A lawyer at Shearman & Sterling. He coauthored The Art of M&A and The Art of M&A Structuring.

Jeffrey M. Anapolsky, Esq., MBA, has over 10 years of experience advising, operating, and investing in special situations involving bankruptcies, liquidations, and workouts. He has worked as a bankruptcy attorney at Akin Gump Strauss Hauer & Feld, a restructuring advisor at Wasserstein Perella, and a distressed investor at Sun Capital Partners and American Capital.

Alexandra Reed Lajoux, MBA, Ph.D., is chief knowledge officer of the National Association of Corporate Directors. She is the author of The Art of M&A Integration and coauthor of The Art of M&A, The Art of M&A Due Diligence, The Art of M&A Structuring, and The Art of M&A Financing and Refinancing.

In this Book

  • Business Failures
  • Alternatives for Distressed Companies
  • Trends in Distressed M&A and Investing
  • A Debtor and Creditor Overview
  • Secured Creditors
  • Unsecured Creditors
  • Advisors and Other Parties
  • Accounting for Workouts: TDRs, Extinguishments, and Modifications
  • Accounting for Bankruptcy: NOLS and Fresh start Reporting
  • Mitigating Legal Risks in Distressed M&A: Fiduciary Duties, Antitrust, and Fraudulent Transfers
  • Principles of Distressed Company Valuation
  • Distressed M&A Strategy: The Plan of Reorganization
  • Distressed M&A Strategy: 363 Sales and Loan-to-Own Transactions
  • Distressed M&A Strategy: Financing and Refinancing Considerations
SHOW MORE
FREE ACCESS