Sale as a going concern: prioritize going concern disposals and require consultation committee approval for operational continuation. Regulation 32A requires the liquidator to prioritise sale of the corporate debtor as a going concern when recommended by the committee of creditors or when it would maximise value, using the asset-liability group identified by the committee or, if absent, grouping assets in consultation with the consultation committee. It limited exclusive going-concern offers to the first auction and clarified such offers cannot be the only option thereafter; operational continuation of the corporate debtor requires consultation committee approval.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Sale as a going concern: prioritize going concern disposals and require consultation committee approval for operational continuation.
Regulation 32A requires the liquidator to prioritise sale of the corporate debtor as a going concern when recommended by the committee of creditors or when it would maximise value, using the asset-liability group identified by the committee or, if absent, grouping assets in consultation with the consultation committee. It limited exclusive going-concern offers to the first auction and clarified such offers cannot be the only option thereafter; operational continuation of the corporate debtor requires consultation committee approval.
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