Deal Documents: The Transactional Side of a 363 Sale

Unlike most 363 sale programs, this program will not involve the aspects of the sale that are the focus of court proceedings, but will take an in-depth look at the transaction documents that get the deal done. The primary document discussed with be the APA-what does that document need to accomplish, what provisions should be included, how do APAs used in 363 sales differ from other APAs, what to do about reps and warranties and why and, what are the points of negotiation? Experienced deal-side practitioners will identify the elements of an asset purchase agreement that are important, and the respective views of the buyer and the seller as to those provisions.