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Assignment for the benefit of creditors

Practices

Assignment for the Benefit of Creditors

Our Business Restructuring, Creditors’ Rights & Bankruptcy practice group regularly advises clients in a broad range of industries nationally on issues relating to financial distress, insolvency and the exercise of associated rights and remedies. Our extensive experience and substantial knowledge of the law enables us to develop innovative business strategies and solutions for our clients’ most difficult challenges.

In connection with representations involving the sale of distressed businesses, we have advised each of the key stakeholders including buyers, sellers, sponsors, lenders, directors and officers. Our clients in distressed business transactions include public and private companies, private equity firms and financial institutions. We understand the complexities and sensitivities in these matters and recognize that each transaction has a different mix of risk, certainty, speed and expense. Our job is to understand our client’s needs, master the facts, develop an optimal strategy for accomplishing our client’s business objectives that anticipates all potential challenges and identifies solutions in advance, and efficiently execute the agreed upon strategy to successful completion.

Client feedback lauds our practice group as “five-star” for providing “a very high level of client service” and for going “above and beyond to assist the client.” We are also known for being “proactive and attentive. Always accessible. Creative and forward with advice.”

A representative sample of our completed ABC transactions include:

Health, Life Sciences & Wellness

  • Representing the assignee in the ABC for a life sciences company specializing in cancer treatment options.
  • Representing the assignee in the ABC for a provider of musculoskeletal wellness and soft tissue illness treatment and prevention solutions to employers.
  • Representing the assignee in the ABC for a manufacturer of radiation protective products for the health care, dental, veterinary and nuclear industries.

Technology & Software

  • Representing the assignee in the ABC for a developer of three-dimensional long-range facial recognition technology.
  • Representing an assignee in a motion technologies company’s ABC in the Delaware Court of Chancery.
  • Representing the assignee in the ABC for a developer of technology in the cable television industry.
  • Representing the assignee in the ABC for a developer of marker-less motion capture software and systems.

Manufacturing

  • Representing the assignee in the ABC for a developer of energy conversion systems for wind energy and industrial markets, including advising our client on liquidation of assets and distribution to creditors.
  • Representing three assignees in the ABC for the world’s largest privately held designer, manufacturer and marketer of winch systems.

Media, Entertainment & Leisure

  • Representing the senior lender in the ABC for a nationwide religious bookstore.
  • Representing the assignee in the ABC for a developer of interactive video games and digital content.
  • Representing the assignee in the ABC for a vacation rental distributor.
  • Representing the assignees in multiple ABCs involving a national trampoline park.

Consumer Products

  • Representing a special purpose entity in the ABC for an online grocery provider.
  • Representing the assignees in the ABCs for an online estate auction house.

Real Estate & Other Services

  • Representing the assignees in the ABCs for an office leasing company with 22 U.S. locations.
  • Representing a secured lender’s interest in an ABC involving a government contract-related dispute.
  • Representing the assignee in the ABC for a provider of advertising material.

Software

  • Representing three assignees in the ABC for an SAS company.
  • Representing the assignee in the ABC for a provider of a mobile delivery network software development kit.
  • Representing the assignees in multiple ABCs for a software company based in Denver, Colorado.
  • Representing the assignee in the ABC for a software company based in Missoula, Montana.