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Skadden Discusses De-SPACed Companies Seeking Chapter 11 Protection

Reynolds Holding

The basic premise of Chapter 11 is that even an insolvent (or otherwise financially distressed business) may have significant going-concern value after its existing debt and other liabilities are restructured, and that creditors as a whole are better off preserving the business and sharing in its going-concern value than liquidating it piecemeal.

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Breaking Down the Delaware Supreme Court’s DFC Global Decision**

Appraisal Rights

That definition required a valuation of the petitioners’ shares based on the “going concernvalue of the stock, and that notion also disregarded any minority discount that would inhere in a stock-market price.