It’s in the Vault – Confidentiality Agreements in Bankruptcy Sales

You represent a Chapter 11 debtor that is conducting a marketing process for the sale of substantially of its assets and you need to draft a confidentiality agreement that will protect the information provided by the debtor to interested parties. Check out this practice note for a discussion of provisions that should be in the agreement and practice tips.

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Related Content

• Unilateral Confidentiality Agreement (Bankruptcy Sale)
  Start with this template when representing a Chapter 11 debtor who needs to disclose confidential information to bidders as part of a sale of assets in bankruptcy.

• Confidentiality Agreement Between Creditors' Committee and Debtor in Possession
  Use this template when representing the debtor or the committee in a Chapter 11 case.

• Confidentiality Agreement (Bankruptcy, Loan Prenegotiation Preparation)
  Check out this template for a borrower engaging in discussions concerning the company's workout.

• Unilateral Confidentiality Agreement (Out-of-Court Restructuring,Pro-Discloser)
  See this confidentiality agreement when working on an out-of-court restructuring, where a distressed party will disclose proprietary information to initiate a workout or other restructuring.

• Joinder to Confidentiality Agreement (Out-of-Court Restructuring)
  Use this template to bind third parties to the terms of a unilateral, out-of-court restructuring confidentiality agreement.

DID YOU KNOW? The famous jurist, Judge Learned Hand, was the first to use the phrase “indubitable equivalence”? For content on the indubitable equivalent, see Confirmation and Adequate Protection.

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