What Is A Stalking Horse Asset Purchase Agreement

It would be to the advantage of the tracking rider to negotiate tendering procedures in his favour. For example, the company could set abrupt auction steps when the auction begins to deter opposing bids, or it could obtain corresponding rights to reduce its own costs to stay in the auction. A word here about the provisions of the asset purchase agreement regarding representations and warranties. The buyer will want recourse if something goes wrong after the sale ends. The buyer will generally understand that the debtor may not be able to respond to a breach of contract claim. However, if the estate has significant assets after the sale, the buyer does not wish to limit its claim to possible breaches of representations and warranties.

© 2007-2012 Building Owners and Managers Association of California (BOMA Cal)