Mergers & Acquisitions of Distressed Businesses

Mergers and acquisitions involving distressed businesses require a unique blend of deep M&A and bankruptcy and business reorganization experience. Kean Miller's M&A team has counseled clients in mergers, acquisitions and divestitures with aggregate transaction values in the billions of dollars, resulting in significant M&A experience. Our M&A team also include partners with extensive experience assisting clients with complex divestitures and acquisitions of distressed businesses of all sizes, and in transactions with significant bankruptcy and business reorganization aspects. This combined experience uniquely positions Kean Miller to provide clients, whether sellers, strategic buyers or private-equity investors, with legal analysis and practical know-how to maximize the value and minimize the risk of the transaction, even in distressed situations.

For representative M&A experience, see the following links:

Representative Experience with Distressed Transactions
  • Representation of financial and strategic buyers in due diligence, negotiation, and formal acquisition of assets in court-approved sales under Section 363 of the Bankruptcy Code
  • Representation of exploration and production companies in acquisitions and divestitures of leasehold acreage and producing properties, including purchase and sale agreements, oil and gas title, due diligence and curative, and ancillary agreements such as assignments, farmouts and joint operating agreements
  • Representation of the acquirer of a large petroleum refining facility in Chalmette, Louisiana. Kean Miller assisted in connection with environmental permitting, liability transfer management, and real estate issues. Representation of a petrochemical and rubber manufacturer in complex financing efforts. Representation of offshore drilling company in its $45 million acquisition of nearly a dozen offshore drilling units, including coordination of foreign and domestic vessel registry, and application and procurement of various operating licenses, permits, and documentation. This representation included forming a corporate ownership entity and other critical business matters.
  • Representation of worldwide energy and chemical company in its two-stage acquisition of a plastics plant