Negotiating an “as is, where is” transaction in a distressed situation is not as simple as it sounds.  There are a myriad of issues that must be considered, whether from the perspective of the selling company or the purchaser.  Almost every transaction will involve a combination of considerations which are unique to the business or to the specific industry.  Among many others, issues can arise in areas such as labour & employment, pensions, the environment, tax and regulatory.  Cross border transactions give rise to additional considerations and complexities.  The TMA has assembled an expert panel to discuss some of the pitfalls and practice points of negotiating a distressed transaction, including coverage of specific industries that are currently experiencing significant distress such as mining, oil & gas and retail.

Panelists:

Adam Bryk, Partner, Deloitte

Milly Chow, Partner, Blake, Cassels & Graydon LLP

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