Both the Missouri trial and appellate court hold that the purchase agreement’s arbitration clause was unenforceable because it failed to comply with the state’s required formalities M&A Stories July 28, 2022 Introduction: Selling a dental practice can lead to legal…
Monthly Archives: July 2022
SELLER FAILS TO ENFORCE ACCOUNTING FIRM RESOLUTION IN EARNOUT DISPUTE
The Delaware federal district court held that the purchase agreement’s requirement to submit earnout dispute to an independent accounting firm did not foreclose resolution of the matter by the court because the agreement’s language was only for expert determination and…
Posted in arbitration vs expert determination, problems with earnouts Tagged with: arbitration clause, Bus Air LLC v. Woods Case, Business Deal Dispute, Clear Contract Language, Delaware Federal District Court, Earnout Calculation, expert determination, Independent Accounting Firm, M&A Dispute Resolution, Purchase Agreement Drafting
ILLINOIS BANKRUPTCY COURT APPROVES SALE OF GROCERY STORE ASSETS FREE OF $4.8 MILLION PENSION CLAIM
The court held that a chapter 11 bankruptcy business can sell its assets to a buyer under Bankruptcy Code section 363(f) free of $4.8 million union pension withdrawal liability M&A Stories July 19, 2022 Introduction: Selling a financially troubled business…
Posted in problems with pensions Tagged with: Bankruptcy Code section 363(f), Bankruptcy proceedings, Chapter 11 bankruptcy, Financial analysis, Grocery store assets, Illinois Bankruptcy Court, M&A (Mergers and Acquisitions), Norrenberns Foods Inc., Pension withdrawal liability, Sale to buyer owned by the nephew of bankrupt owners, Union pension plan
BUYER OF DISTRESSED BUSINESS ASSETS NOT LIABLE FOR SELLER’S CORPORATE LEASE: A CASE STUDY
Georgia state trial and intermediate appellate court held that the buyer who paid “reasonably equivalent value” for most of the assets of seller’s business, was not responsible for the insolvent seller’s corporate headquarters lease because the buyer did not assume…
Posted in Problem with seller lessor or landlord Tagged with: Bankruptcy Purchase, Buyer's liability, Corporate Lease Liability, Distressed Business Assets, Fair Value Transaction, Fraudulent Transfer Georgia State Court, M&A legal blog, Small Business Reorganization Act, Windward Campus Owner v. Good Night Med. Case Study
Recent Comments