This is a recording of a presentation given by Michael Buckworth (Partner) and Mary Frost-Payne (M&A and Corporate Associate) of Buckworths on the topic of “Buying a Distressed Business”. The presentation looked at the topic from the perspective of a case study using a recent deal on which the firm advised and covered the following topics:
1. Structure
– Share sale or business/asset sale.
– Share, cash or loan consideration.
– Dealing with liquidators.
2. Due diligence
– What is due diligence, and why does it matter?
– Focusing on key risks.
– Who will stand behind due diligence?
3. How due diligence impacts the contractual terms
– Warranties and indemnities.
– Whether or not to insure the deal.
– The implications of earn-outs and retentions on risk.
For more information and help on buying a distressed business, contact Buckworths by phone on 020 7952 1723 or via email at [email protected].
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