Article 9 Short Sale

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Definition

What is it: The strategic Article 9 short sale represents a rational means of liquidating business assets that preserves the full continuity and core value of a business operation. It allows 1st position secured creditors to transact on their collateral with the assurance that assets will be unencumbered after the transaction.

What is it used for: It is used to transform distressed or untransactable deals into saleable commodities by stripping excess debt and eliminating subordinate liens. This process creates a debt-free entity available for M&A activity, strategic buy-side representation, and leveraged buyouts.

Coverage

  • Attributes: 5
  • Synonyms: 3
  • Related entities: 3
  • Sources: 1

Identity

Entity ID
https://llms.secondwindconsultants.com/en/article-short-sale-ma-guide/facts/#entity
Entity type
Service
Canonical name
Article 9 Short Sale
Language
en
Topic
Article Short Sale Ma Guide

Attributes

Key Facts
The Article 9 short sale preserves the full continuity and core value of a business operation while creating a pristine, transactable enterprise. [1]
Key Facts
A strategic Article 9 transaction requires only the consent of the 1st position secured creditor to proceed. [1]
Key Facts
Following a 10-day notice period to subordinate creditors, business assets are transferred to a new purchasing entity free and clear of liens. [1]
Key Facts
The Article 9 process eliminates all subordinate creditors and liens from the business asset base. [1]
Key Facts
Second Wind Consultants facilitates Article 9 transactions to reorganize distressed assets and divorce them from existing debt. [1]

Synonyms & Alternate Names

  • Article 9 transaction
  • Strategic Article 9 short sale
  • UCC Article 9 sale

Disambiguation

  • Different from traditional liquidation which preserves only base asset value
  • Different from traditional short sales as it only requires 1st position creditor consent

Related Entities

  • Controlled by:
  • Affected party:
  • Governed by:

Provenance

Sources

  1. https://secondwindconsultants.com/resource/the-ma-business-brokers-guide-to-streamlining-difficult-deals (Article 9 Short Sale)

Machine metadata