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The terms of the trust and governing principles are established in the trust agreement executed between the company and the trustee prior to dissolution of the company and include trustee duties, compensation and indemnification as well as beneficiary rights, governance, mechanics for notices and distributions and other administrative matters.A liquidating trust may be appropriate for a biotech or drug development company if: • Continuing research and development activities is not financeable or otherwise not in the stockholders’ best interests; • The company is solvent on both balance sheet and liquidity bases: with sufficient liquidity to settle contracts, real estate leases and severance; and • The Board and management begin the wind down process early enough to assure an orderly process and maximize the opportunity to realize value for stockholders.To many the words “liquidating trust” connote bankruptcy, but that need not always be the case.
We will develop a plan and timeline to efficiently and effectively manage, or help you manage the liquidation of your company and, when necessary, transition your current company activities into a liquidating trust.
• Lower burn rate versus costs of maintaining company infrastructure.
• Support a longer run off period to collect milestones or royalties from out-licensed assets – up to three years under Delaware law with ability to extend for longer lived assets.
Objective market strategists understand that the yield curve will soon invert and the ramifications of such an event will be the same as they always have been in the past.
The only difference being that this next financial crisis will bring about a protracted global recession/depression.