Blog Archives

Navigating Required Consents in M&A: Lessons from a Beer Wholesaler’s Battle

Explore the legal battle faced by a Mississippi beer wholesaler when seeking consent to sell its Anheuser-Busch distributorship. Gain valuable insights for M&A professionals. June 7, 2019 M&A Stories Introduction: Exclusive distributor relationships can be the lifeblood of a distributor’s

Posted in asset purchase agreement, Assignment, assignment of contracts, consent to assignment Tagged with: , , , , , , , , ,

Avoiding Liability When Selling Your Fitness Club: Lessons from Mechanicsburg Fitness Case

Learn from the legal battle of a Pennsylvania-based Gold’s Gym and how poorly drafted contracts led to post-sale litigation. Discover key takeaways for selling your business without facing similar issues. M&A Stories June 5, 2019 Introduction: Selling your company can

Posted in asset purchase agreement, assignment of contracts, contracts, due diligence Tagged with: , , , , , , , , , , , , , ,

Asset Buyer’s Risk in Unassumed Seller Contracts: A Cautionary Tale

Explore the potential risks faced by asset buyers when dealing with unassumed seller contracts in the world of mergers and acquisitions. Learn from a cautionary tale involving a buyer, a seller, and a critical contract dispute. M&A Stories May 28,

Posted in asset purchase agreement, assignment of contracts, assumed liabilities, assumption of a contract, consent to assignment, due diligence Tagged with: , , , , , , , , , , , , , , , , , , , ,

Seller of business successfully sues buyer for failure to get personal lease guaranty release

Sellers, husband and wife, owned Target, which operated a wine business in Round Rock, Texas (greater Austin area). Target operated out of leased shopping center space. On December 30, 2009, Sellers sold Target to Buyer, effecting the sale through a

Posted in Assignment, leases, personal guaranty of lease

Court says buyer of assets of business can enforce noncompetition agreement seller had with former employee

Seller, based in Billerica, Massachusetts (20 miles NNW of Boston) manufactured computer peripheral equipment. Former Seller Employee started working at Seller in 1982. He was promoted several times over the course of his employment, eventually becoming program manager in the

Posted in Assignment, assignment of contracts, covenant not to compete

Texas court holds that buyer who assigned its asset purchase agreement rights (retaining its asset purchase agreement obligations) has no right to enforce the asset purchase agreement

In August 2015, the seller, an oil and gas operator, agreed to sell oil and gas assets located in Utah to the buyer for $11.5 million. The buyer did not have the financing and so the buyer cut a deal

Posted in Assignment Tagged with:

Recent Comments