A successful purchase depends not just on negotiating a two-party transaction, but rather navigating the applicable process and dealing with all the competing interests successfully to allow a bid to succeed and closing to occur.
Q: Do opportunities exist for asset buyers in times of distress?
USA, Banking, Insolvency & Restructuring, Nutter McClennen & Fish LLP, US Department of Justice, Title 11 of the US Code
Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.
Australia, Queensland, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.
Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz