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A "distress" M&A often has multiple decision makers, with different agendas and increasingly different responsibilities. There's the company, acting through its board; there's often a creditors' representative group; and if there is a secured lender, there may be active participation by that group as well. The rise of the ad hoc committee particularly underscores the multiple party point, because generally such a committee does not have fiduciary responsibilities, and remains free to pursue its own agenda.
October 28, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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