How To Pull Off A Deal As A Stalking Horse Bidder

Law360, New York (October 16, 2009, 1:34 PM EDT) -- Being first has its benefits, but a company making a play for coveted assets as a stalking horse bidder will find that pulling off such a deal is no easy feat, with parties such as creditors, judges and other outside interests to contend with, attorneys say.

Derived from practices in which a hunter would hide himself behind a horse as he stalked his prey, the term is something of a misnomer as used in today’s bankruptcy realm, where the initial bidder is far from concealed and...
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