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ARTICLE · 31 AUGUST 2012

Distressed M&A In Germany

Fried Frank Harris Shriver & Jacobson
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Distressed M&A transactions are currently en vogue – especially in Germany. Permanent changes in the energy sector lead to insolvencies, both in the solar industry and in energy intensive businesses.

GermanyCorporate/Commercial Law
Juergen Van Kann
Juergen Van Kann
Rouven Redeker
Rouven Redeker

Opportunities and Risks of Distressed M&A Deals

Distressed M&A transactions are currently en vogue – especially in Germany. Permanent changes in the energy sector lead to insolvencies, both in the solar industry and in energy intensive businesses. Insolvency situations often are seen as opportunities for investors, traditionally mostly for financial, but more recently also for strategic buyers.

Sometimes, despite insolvency, there is a healthy and stable core business. Also, some financial obligations (e.g. pension obligations, a partially redundant workforce or unfavorable supply contracts) may be left with the administrator due to the common asset deal structure in insolvencies. In addition, for the first three months of insolvency, wages are paid by the state. Also, substantial discounts are granted due to the insolvency situation. In turn, investors have to be prepared to act quickly, usually without meaningful due diligence and accepting only

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