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Department of Energy (DOE) Fisker

Dechert LLP

The Fisker Case and Its Impact on Distressed M&A

Dechert LLP on

As is well known, the right to credit bid is the entitlement of a secured lender to bid the amount of its outstanding claims at the sale of its collateral. If the secured lender places the winning bid, no money is exchanged...more

Foley & Lardner LLP

Recharging the Auction for Fisker’s Assets

Foley & Lardner LLP on

When Fisker filed bankruptcy in November, it planned to sell its assets to Hybrid Tech, the acquirer of Fisker’s $168.5 million loan from the Department of Energy, by way of credit bid. Before the sale (requiring the approval...more

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