1 / 6

The Troubled Company

Nightmare on “E” Street. The Troubled Company. Michael B. Cahill City National Bank. Robert A. Greenfield Stutman, Treister & Glatt Professional Corporation. John A. O’Malley Fulbright & Jaworski L.L.P. Gregg A. Matson McAndrews, Allen & Matson. “ChipShot.com” is in trouble.

upton-skinner
Télécharger la présentation

The Troubled Company

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Nightmare on “E” Street The Troubled Company Michael B. Cahill City National Bank Robert A. Greenfield Stutman, Treister & Glatt Professional Corporation John A. O’Malley Fulbright & Jaworski L.L.P. Gregg A. Matson McAndrews, Allen & Matson

  2. “ChipShot.com” is in trouble • Public Company. • Just reached break even cash flow. • Investors not prepared to put in new money. • Delinquent on payroll. • Proprietary products subject to license agreement. • Wonderful domain name, registered trademark.

  3. Pre-Petition Issues • Vendors worried. Some have filed lawsuits. • Departing employees non-compete/confidentiality. • Security Interests. • Board and management defecting. • Patent and TrademarkInfringement Claims.

  4. Pre-Petition Issues • Potential buyers circling vulture capitalists as liquidators. • Fiduciary Duties to be considered. • D&O Liability/ENRON issues. • Receivables based financing available? • Assignment for benefit of creditors v. Chapter 11.

  5. Debtor-in-possession (“DIP”) financing and other “First Day” issues. Post-Petition Issues • Maximizing Net Value. • Product availability. • Operating in Bankruptcy. • Rights of exclusive licensor. • Potential plan structure.

More Related