Acquisition and Sales

The bankruptcy sale process can be time-consuming and cumbersome. We help our clients understand never to underestimate the advantages to the buyer and the value to the seller to be free and clear. At Robins Kaplan LLP, our acquisition and sales attorneys provide collaborative, industry-focused counsel to assist clients in acquiring or selling distressed or other assets inside or outside of a formal bankruptcy process. Our acquisition and sales attorneys often work closely with a client’s mergers and acquisition professionals, including appropriate outside financial, tax and legal counsel. When it comes to large, complex sales and acquisitions, we believe working collaboratively with independent, specialized experts is a winning combination that helps our clients maximize the value of their transactions.

Our experience with respect to corporate situations, including distressed circumstances, commercial financing arrangements, secured transactions and the corporate bankruptcy process forms an integral part of our clients’ strategic acquisition planning. We assist in:

• Identifying aspects of an acquisition target’s current debt and equity structure that may create opportunities for leverage or cost-savings
• Structuring an acquisition or sale plan that may incorporate foreclosure, a formal bankruptcy or a work-out process
• Reviewing existing and proposed financing agreements, operating agreements, and other corporate documents to ensure that our client’s strategic acquisition plan is sound before it is implemented

Selected Case Results*

• Affiliates of Gemini Real Estate Advisors, LLC (Bankr. S.D.N.Y.): Chapter 11 counsel for three high-value boutique hotel properties and one valuable development site in Manhattan owned by corporate affiliates of Gemini Real Estate Advisors. Sales of the four properties totaled approximately $230 million.

• Desert Oasis Investments (Bankr. D. Nev.): Bankruptcy counsel for American Indian Tribe in bankruptcy case in which bankruptcy court approved its acquisition of Las Vegas vacant land for $12 million pursuant to section 363 of the Bankruptcy Code.

• International Technology Company: $180 million asset acquisition of a high-tech manufacturing company, with assets located in the United States and Europe.

• Sale/Leaseback Transaction: Over $250 million in multi-state sale/leaseback transactions for several national clients.

*Past results are reported to provide the reader with an indication of the type of transactions we practice. They do not and should not be construed to create an expectation of result in any other transaction, as all transactions are dependent upon their own unique fact situation and applicable law.