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Thursday, 11/20/08 6:55 PM |
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Member Services : Awards Programs : Commercial Awards : 2006 C/I Awards : Most Unique C/I Transaction - 2006 Most Unique C/I Transaction - 2006
In September 2004, Techneglas, Inc. a wholly-owned subsidiary of Nippon Electric Glass Co. and the largest manufacturer of television glass in North America, filed a petition for relief under Chapter 11 of the U.S. Bankruptcy Code. The environmental issues included eight underground storage tanks and 27 mine shafts, several of which had been used for dumping over the years. Nonetheless, they procured ten prospective purchasers willing to become the "stalking horse" bidder in an auction. Unfortunately, the bankruptcy court was unwilling to enter into contingent long term contracts. And due to the environmental issues, this requirement eliminated most market rate buyers. But, after a great deal of collaboration, our team was able to get a buyer to work with a Section 351 tax-free exchange which allowed the purchaser to acquire the facility and take on the entire environmental obligation. |
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