Insolvency attendance: Luther advises on M&A process for the sale of all parts of AWO Healthcare Services Group

As part of its insolvency administration, the AWO Healthcare Services Group (AWO Gesundheitsdienste-Gruppe / AWO GSD) has sold all parts of the company, including the nephrology and hospital and rehabilitation units of its operating companies, to various healthcare facility operators. Law firm Luther has assisted AWO GSD during this two-year M&A process, which has now been successfully completed.

In April 2015, preliminary insolvency proceedings were opened against the parent company of the AWO GSD and later also against other subsidiaries. Law firm Luther was entrusted with the search for suitable investors and the comprehensive legal support of the individual transactions. The bidding procedures were carried out on behalf of and in close cooperation with lawyer Dr Rainer Eckert (Eckert Rechtsanwälte) as general representative of AWO GSD and under the supervision of lawyer Manuel Sack (Brinkmann & Partner, Hanover) as administrator.

In December 2015, DaVita Süd-Niedersachsen GmbH signed a purchase agreement with the Nephrological Centre Niedersachsen and the ambulatory Dialysis and Medical Care Centres (MVZ) in Bad Münder and Hann. Münden.

Other central facilities of AWO GSD – the Hann. Münden and the Deister-Süntel-Klinik in Bad Münder (both Lower Saxony) - were successfully sold. Here, a group of investors around an experienced physician and medical advisor came to the decision. At the same time, the group of investors also acquired the health services Präventions- und Rehabilitationsgesellschaft mbH with the Physical Therapy Centre in Hann. Münden, the Physical Therapy Center and the Vital Fitness and Wellness Park in Bad Münder.

After the successful operation of the other units of the Group, the rehabilitation clinic in Bad Münder was finally transferred to a subsidiary of the MediClin Group. The transfer of the company's rehabilitation site in Bad Münder could be secured as well as a large part of the existing jobs.

In a final step, a service company and individual operations and properties were sold to various purchasers. This means that the M&A process was completed after about two years.

In the individual transactions, Dr Oliver Kairies and his team provided comprehensive advice to the general representative in all areas of hospital, medical, corporate and tax law as well as accompanying him in all purchase and sale processes.

Overall legal control of the bidding process and all M&A processes for AWO GSD

Luther, M&A/Company Law: Dr. Oliver Kairies (Lead Partner), Dr. Daniel Schubmann (both Hanover)

Luther, Medical and Hospital Law: Dr. Hendrik Bernd Sehy (Counsel, Hanover)

Luther, Tax Law: Jens Röhrbein (Partner, Hanover)