When a distressed company is insolvent, the sale of its assets or business may be the only feasible option. A vendor, or a court-appointed officer, of a distressed company will often engage in a comprehensive and robust sale and investment solicitation process (“SISP”) to solicit offers from potential buyers or investors. This paper explores and explains SISPs and key factors to consider when inundated with SISPs from the perspective of a distressed company, potential buyer/investor, vendor, or insolvency professional.

This paper is part of a collection presented at LESA’s Bankruptcy and Insolvency Essentials program in Edmonton on March 15, 2023.