Monthly Archives: October 2020

Asset Buyer’s Liability for Pre-Closing Product Issues in M&A Deals

Explore the complexities of managing product liability risks in M&A transactions. This blog post discusses a case involving an asset acquisition, product liability claims, and the buyer’s defense against successor liability. Learn about the court’s ruling and the implications for

Posted in sale of product line, successor liability Tagged with: , , , , , , , , , , , ,

Expert Opinion on Unreasonable Denial of Dealership Sale by GM

Gain insights into a case involving the denial of a Buick GMC dealership sale by GM. Learn about the legal actions, expert testimony, and the importance of expertise in such complex M&A situations. M&A Stories October 20, 2020 Introduction: When

Posted in approval of franchisor, denial of consent must be reasonable, franchise sale Tagged with: , , , , , , , , , , , ,

Buyer’s Failure to Timely Pay Results in Lost Acquisition Opportunity

Explore a case involving a missed payment deadline in a business acquisition agreement and the legal consequences that followed. Learn how a buyer’s failure to adhere to agreement terms can lead to significant consequences in mergers and acquisitions (M&A). M&A

Posted in failure to make timely purchase price payment, rescission Tagged with: , , , , , , , , , , , , , , , , ,

Clarifying Buyer’s Set-Off Provision in M&A Deals for Unresolved Indemnity Claims

Gain insights into the legal complexities of using set-off provisions in M&A transactions. Understand how disputes over indemnity claims can impact post-closing payments and buyer protections. M&A Stories October 14, 2020 Introduction: When a business buyer purchases another company, they

Posted in offset or setoff provision, unliquidated or disputed claim Tagged with: , , , , , , , , ,

Dispute Over $4.4 Million Adjustment in M&A Deal Linked to EBITDA

Explore a recent M&A case involving a $4.4 million adjustment dispute tied to EBITDA calculations. Learn about the legal intricacies and implications for purchase price agreements. M&A Stories October 9, 2020 Introduction: In the context of acquisitions, the cost frequently

Posted in determination of purchase price adjustment, EBITDA, purchase price adjustment Tagged with: , , , , , , , , , ,

Buyer Risk for Unpaid PPP Loan in M&A Transaction

M&A Development October 6, 2020 Introduction Unpaid PPP loans add a new risk for the buyer and seller of a business. The Small Business Administration published guidance on this M&A risk on October 2, 2020. Following the SBA guidance is

Posted in deferred closing, governmental approval, PPP loan, SBA approval re PPP loan Tagged with: ,

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