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Expert Analysis

A Distressed Deal Buyer's Guide

Law360, New York (March 7, 2012, 1:55 PM EST) -- In any transaction or negotiation, achieving a successful outcome depends on defining your objectives and, perhaps more importantly, understanding the objectives of your counterparty. The distressed deal, and particularly the 363 bankruptcy sale, is no exception. To most effectively participate as a prospective buyer of a business in a 363 bankruptcy sale process, it is critical to understand two of the most important objectives that the debtor and stakeholders are trying to achieve — (1) certainty of closing a transaction and (2) maximizing recovery for the estate....

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