Sale and Disposition of Troubled Assets in Bankruptcy
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This document discusses executory contracts and intellectual property assets in bankruptcy. It focuses on key questions around valuing and disposing of these assets, such as whether IP maintains value in bankruptcy and if licenses are salable. Case studies on Collins & Aikman and Tower Records are provided, showing how their IP assets were creatively packaged and marketed to multiple buyers, maximizing returns. Direct marketing of assets is advocated over static auctions to better identify buyers and opportunities to realize incremental value.
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- 1. Executory Contracts in Bankruptcy: Intellectual Property and Intangible Assets Presented by: Weston Anson CONSOR Intellectual Asset Management 800.454.9091 www.consor.com 14th Annual ABI Rocky Mountain Bankruptcy Conference Denver, Colorado January 22, 2009
- 4. Bundles of Intangible Assets Formulae Data warehouses Marketing umbrella Packaging technology and sources Master licenses Sub-brand names Shapes and sizes Source code Core brand Process technology Databases Worldwide trademark registration Design technology Data mining Copyrights Proprietary test results Domain names/URLs Secondary trademarks Plant and production design e-Commerce sites Packaging design and copyrights Product specifications Third party software tools Trade dress Operating platforms Credit/payment systems Characters Trade secrets Custom applications Corporate name and logo Key patents Enterprise solutions Primary trademark Technical Bundle IT Bundle Marketing Bundle
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- 10. Tower Records: Valuation & Auction Net value of the intellectual property sale. After fierce open-cry bidding war between Caiman Holdings and RiverWest Brands. $ 4,200,000 Trademarks, e-Commerce and International franchise agreements Auction Outcome: Asset Values In today's dollars, the net value of the intellectual property assuming only the Franchise Contracts run to their next renewal date. $ 1,585,000 Perpetual License to use Trademarks in connection with Franchise Contracts Liquidation Value of International Franchise Segment In today's dollars, the net value of the intellectual property connected to the e-commerce sites $ 1,320,000 Domain Names and Perpetual License to use Trademarks in e-Commerce Liquidation Value of e-Commerce Segment This is, in today's dollars, the net cost of the internally generated and acquired intellectual property. $ 1,650,000 Trademarks and Domain Names 'No less than Value' Comments Value Valuation Conclusion
- 12. Questions & Answers ? !