On July 17, 2009, Eddie Bauer announced that Golden Gate Capital had won an auction to purchase the company out of bankruptcy. Golden Gate's final bid price exceeded the final price offered by CCMP Capital Advisors, a US private equity firm, which had signed a purchase agreement in June 2009 to buy Eddie Bauer for $202 million and thereby become the stalking horse bidder in Eddie Bauer's bankruptcy process. CCMP obtained a $5 million break-up fee for being the stalking horse bidder.
Fasken Martineau advised CCMP Capital in Canada in negotiating and signing the purchase agreement with Eddie Bauer with a team led by Stephen Erlichman and including, among others, Aubrey Kauffman and Stuart Brotman (insolvency), Ralph Nero (employment), Ross Gascho (pensions), Neil Smiley and Dugan Edmison (real estate), and Ronald Nobrega and Paul Casuccio (tax).
