Taking blinders off: Court won’t approve stalking horse agreement, part one

By Lisa Hiebert and Anthony Mersich (December 8, 2022, 10:33 AM EST) -- Stalking horse agreements have become common in insolvency sale processes and, in appropriate circumstances, can assist in maximizing value, guarding against risk and advancing the restructuring. In Freshlocal Solutions Inc. (Re), 2022 BCSC 1616, the B.C. Supreme Court provided guidance in assessing such agreements, particularly in the face of opposition from the secured creditors most directly affected....
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