Stalking Horse

A Stalking Horse is an initial bidder in a sale process (often in bankruptcy but also in some non-bankruptcy auctions) that sets a baseline offer and deal terms to encourage competitive bidding, typically receiving protections like a break fee or expense reimbursement. In auction dynamics, the Stalking Horse provides price discovery and deal momentum, and Stalking Horse protections are negotiated to balance bidder risk with maximizing outcomes for the seller.

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Ryan Roberts Startup Lawyer
Ryan Roberts is a startup lawyer with more than two decades of experience advising on venture financings and M&A transactions totaling more than $1 billion. He is the author of the Amazon bestselling startup law book Acceleration.