POST ACQUISITION ENTITY TRACK RECORD/CREDIBILITY FROM A CREDIT PERSPECTIVE

Having trouble locating exact guidance from previous posts but trying to figure out implications of an Asset sale vs Stock sale as it applies to post-acquisition consideration from a third-party creditor/vendor perspective.

i.e. any situation where past performance, company history, previous financials would be taken into consideration for a credit and terms decision.

If I close my acquisition under an Asset sale (even though post-close everything looks, feels, smells the same as the previous owner/company) is that similar to running a "start-up" from a creditor's perspective, or does the past three years' company financial performance count for something?

I guess on the flip-side if I need/want the past financial performance of the company to hold weight on credit decisions within the first 12 months post-close, then should I pursue a stock sale with a 338(h)(10) election? I think this is my best option but someone cautioned me that this process/election is quite precarious based on the integrity/history of the acquired S-Corp. Kind of alarmed me.



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