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Buyer’s purchase price may triple post-closing because of underfunded union pension plan

Posted on January 9, 2019 by John McCauley

Explore the legal implications of a case where a buyer’s purchase price may triple post-closing due to an undisclosed underfunded union pension plan liability. Learn from the Members of the Board Of Administration of the Toledo Area Industries UAW Retirement…

Posted in asset purchase agreement, constructive knowledge, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, multi-employer pension plan, successor liability, union liabilities Tagged with: asset purchase agreement, Business continuity analysis, Buyer's purchase price, Due diligence in M&A, ERISA (Employee Retirement Income Security Act), Goodwill in M&A, Hidden liabilities, Legal consequences in M&A, Legal implications in M&A, M&A case study, M&A legal blog, M&A lessons learned, Obz Inc case, Toledo Area Industries UAW Retirement Income Plan, Union pension plan liability

Buyer’s Missed Opportunity: Overlooking License Agreement in Bankruptcy Acquisition

Posted on November 9, 2018 by John McCauley

Explore the legal consequences of a buyer neglecting to secure a patent license during the acquisition of a company in chapter 7 bankruptcy. Learn from the Provider Meds, LLC case. M&A Stories November 9, 2018 In this M&A story, we…

Posted in bankruptcy sale, distressed business acquisitions, executory contracts Tagged with: asset purchase agreement, Bankruptcy acquisition, Chapter 7 liquidation, Court rulings on executory contracts, Due diligence in M&A, Legal battles in acquisitions, M&A legal implications, Patent license agreement, Provider Meds LLC case, Trustee's fiduciary duty

Successful Acquisition: Buyer Prevails in Securing Vital Real Estate Leases from Bankrupt Nursery Business

Posted on August 30, 2018 by John McCauley

Explore a compelling M&A story as a Houston-based buyer navigates the acquisition of crucial assets from a bankrupt California nursery. Delve into the court-approved transfer of vital real estate leases and the buyer’s financial strength, backed by a $58 million…

Posted in bankruptcy sale, distressed business acquisitions, leases Tagged with: anti-assignment lease clauses, appellate courts, Bankruptcy court, bankruptcy judges, bankruptcy law, Business acquisition, California nursery, Color Spot Holdings Inc., court reference, court-approved transfer, credit line, district court decision, financial strength, Houston buyer, In Re Color Spot Holdings Inc., legal hurdles, M&A success, positive cash flow, real estate leases, strategic acquisition

Navigating M&A Challenges: Lessons from the Auto Industry’s Bankruptcy Sale

Posted on August 20, 2018 by John McCauley

Explore a compelling M&A narrative delving into the complexities of acquiring distressed auto business assets during a chapter 11 bankruptcy. This blog examines a critical case involving the United Auto Workers pension fund, Fiat S.p.A., and the U.S. and Canadian…

Posted in actual notice to known creditors, bankruptcy sale, distressed business acquisitions Tagged with: airbag incident, asset transfer, Bankruptcy court, bankruptcy sale, buyer responsibilities, Buyer's responsibility, case reference, Chapter 11 bankruptcy, Chrysler, claims, dismiss case, distressed auto business, due diligence, Fiat S.p.A. U.S. and Canadian governments, insights, known creditors, legal dilemma, lessons, liens, M&A challenges, Material Safety Data Sheet (MSDS), notice period, Old Carco LLC, Pre-Closing Liabilities, United Auto Workers pension fund

Successful Acquisition: Buyer’s Prudent Move in Distressed Hospital Purchase

Posted on August 14, 2018 by John McCauley

Explore the strategic world of M&A in our latest blog post, ‘Successful Acquisition: Buyer’s Prudent Move in Distressed Hospital Purchase.’ Uncover the legal intricacies and triumphs as a California-based for-profit hospital chain navigates the acquisition of a 211-bed independent community…

Posted in buyer's assumption of seller liabilities in asset acquisition, distressed business acquisitions, post asset purchase issues, seller's age discrimination claims Tagged with: Age Discrimination, asset purchase agreement, Bankruptcy Strategy, Business acquisition, Buyer's Advantage, Buyer's Strategy, California Hospital Chain, case reference, Chapter 11 bankruptcy, Court ruling, distressed business, exit strategy, federal district court, Financial Restructuring, Growth, healthcare industry, Hospital Assets, Hospital Purchase, In Re East Orange General Hospital Inc., Legal Stories, Legal Triumphs, Liabilities, M&A, Newark New Jersey, Prudent Move, strategic acquisition

Navigating the Risks of Acquiring Distressed Businesses in Chapter 11: Lessons from a Stalking Horse

Posted on May 22, 2018 by John McCauley

Dive into the risky yet alluring world of acquiring distressed businesses in Chapter 11 bankruptcies with our latest M&A blog post. Learn from real-life lessons and cautionary tales of navigating bankruptcy court sales and the intricacies of stalking horse arrangements.…

Posted in distressed business acquisitions Tagged with: Asset acquisition, Auction Process, Bankruptcy Code, bankruptcy court proceedings, bankruptcy court sales, bid procedures, Buyer's Perspective, Case Study, Chapter 11 bankruptcy, court approval, distressed businesses, due diligence, financial risks, Florence Hospital At Anthem LLC, investor caution, Legal Challenges, Legal Risks, Liabilities, M&A legal, Mergers and Acquisitions, Seller's Perspective, stalking horse