The Art of the (Bad) Deal – An Overview of Certain Considerations in Distressed M&A Transactions

Distressed companies can be attractive acquisition targets, as their values often reflect the difficulties they face. It is not hard to imagine that the circumstances surrounding COVID-19 will lead to (1) an unprecedented wave of distressed mergers and acquisitions transactions and (2) a meaningful shift of relative bargaining power to favor buyers (in contrast to the last 10+ years where sellers have generally enjoyed a stronger negotiating position). A distressed environment impacts both the way in which deals get done and the considerations that influence the execution of transactions.

This article discusses some key considerations in distressed M&A transactions.

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