Print Edition
September 2010 
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Stalking Horse Bid Protections: is it Getting Harder to Have Your Cake and Eat it? |
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Bid protections, such as break-up fees, have become commonplace in mergers and acquisitions both in and out of the bankruptcy process. In bankruptcy, the use of bid protections requires approval of the bankruptcy court and is subject to the scrutiny and objections of the United States Trustee, creditors of the debtor and other stakeholders in the case. While there are differences among the various federal appellate circuits as to the...
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