Stalking Horse Bid

On October 22, 2007, technology company SCO asked a bankruptcy court to approve a deal whereby a purchaser would acquire “substantially all assets used by the Company in connection with its SCO UNIX Business and certain related claims in litigation.” The agreement included a “stalking horse” provision: If the purchaser, York Capital Management, were to be designated as a stalking horse in subsequent bidding for SCO’s assets, and if others outbid York, then SCO would have to pay York a $780,000 breakup fee and reimbursement of all expenses incurred by York up to $300,000. In this way, York would earn its expenses and $780,000 by acting as the stalking horse and preventing other bidders from making lowball offers.

If you lost faith in human creativity after spending a few minutes on YouTube, this should revive it.