With turmoil in the commodity and capital markets affecting energy companies for the foreseeable future, dealmakers should prepare to conduct transactions in a prolonged distressed environment. Jeff Anapolsky presented a webinar with ADAM Houston Energy Network sharing insights on distressed M&A in the current energy climate. Mr. Anapolsky is the co-author of the definitive book on this topic: The Art of Distressed M&A: Buying, Selling, and Financing Troubled and Insolvent Companies, which he uses to teach MBAs from the energy sector at Rice University. The following topics were covered:

1. When does a pre-bankruptcy transaction create fraudulent transfer risk?
2. What are effective bidding strategies for a 363 auction?
3. What are the benefits of being a “stalking horse” bidder?
4. How do you buy assets by making a “loan to own” investment?
5. Which contracts can you reject in bankruptcy?

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