6. The seller shall not be liable to the buyer for the profit derived from a resale. A person who is in the position of a seller (§ 2-707) or a buyer who has lawfully refused or revoked acceptance must claim accounts for the amount of his warranty right as defined below (§2-711, paragraph 3). You can participate in the sale and bring bidders if you wish. We will sell [guarantees] at the public sale. A sale could include a lease or license. The sale is as follows: Joshua Nemser`s asset sales are commonplace in the restructuring industry. Many cases and articles have been written about the “363 sale process” that takes place under bankruptcy law. The assets of current and former well-known names such as Lehman Brothers, General Motors, Chrysler and Blockbuster have changed ownership thanks to this mechanism. Although it attracts less attention from scientific and media circles, creditors of companies in financial difficulty can also impose asset sales in accordance with Article 9 of the Single Commercial Code. Perhaps because most secured creditors deal with a Chapter 11 case before they can exercise their remedies under section 9, the law is less developed on the appropriate procedures for the enforcement of an article 9 sale. Pursuant to Article 9 of the CSA, a secured creditor`s remedy includes the sale of its assets.
As in the case of a sale under section 363 of the Bankruptcy Act, the insured lender may choose to make an offer of credit in connection with a sale of its assets and thus become the owner of the security rights. However, sections 9 to 610 of the INVESTIGATION PERIOD require that any provision relating to the lender`s guarantees be enforced in an “economically reasonable” manner. Since an Article 9 sale, unlike a sale of 363, is not subject to judicial review, procedural and price issues are examined ex post facto. The court of Chancery of Delaware`s recent decision in Edgewater Growth Capital Partners LP v. H.I.G. Capital, Inc. provides a detailed analysis of what meets the “economically reasonable” standard of a section 9 sale; Process and pricing issues that lurk in the context of a troubled transaction are addressed. The sale process under article 9 (reduced) Except in limited circumstances that allow a creditor to accept a debtor`s guarantees for the full payment of a debt, a secured creditor must proceed with a sale of assets after default in order to obtain the value of the assets. .