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United States: Buyer Beware! Not All Modifications to An Asset Purchase Agreement Are Created Equal; Any Material Modifications Should be Meaningfully Disclosed to the Bankruptcy Court and Parties in Interest

Introduction

USA, Insolvency & Restructuring, Litigation, Baker McKenzie
United States: Buyer Beware! Buyer’s Good Faith Finding Reversed Due to Buyer’s Failure to Disclose Third Party’s Competing Interest in Purchased Assets

Introduction

USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
US: Distressed M&A - A Road Map for Potential Buyers of Distressed Businesses in Section 363 Bankruptcy

In this type of market environment, one or more of the following scenarios may apply:

USA, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Due diligence, Coronavirus, Committee on Foreign Investment in the United States
Canada: Case Law Update: Key Employee Retention Plans in Canadian Restructuring Proceedings

KERPs (Key Employee Retention Plans) and KEIPs (Key Employee Incentive Plans), otherwise referred to as “pay to stay” compensation plans, are commonly offered by employers to incent key employees to remain with the company during an insolvency restructuring proceeding when so-called “key employees” may be tempted to find more stable employment elsewhere.

Canada, Employment & Labor, Insolvency & Restructuring, Baker McKenzie, Ontario Superior Court of Justice
Restructuring? Proceed Carefully with Your KERPs and KEIPs!

KERPs (Key Employee Retention Plans) and KEIPs (Key Employee Incentive Plans), otherwise referred to as “pay to stay” compensation plans, are commonly offered by employers to incent key employees to remain with the company during an insolvency restructuring proceeding when so-called “key employees” may be tempted to find more stable employment elsewhere.

Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Baker McKenzie, Ontario Superior Court of Justice