Blog Archives

Buyer’s Defamation Claim in Failed Bankruptcy M&A Deal

M&A Stories  Explore a recent M&A case where a buyer’s decision to back out of an asset purchase agreement led to a defamation claim by the seller. Learn about the legal proceedings and the court’s ruling in this bankruptcy-related merger

Posted in termination of M&A agreement Tagged with: , , , , , , , , , , ,

SELLER LOSES $605K DEPOSIT FOR FAILURE TO FOLLOW TERMINATION PROCEDURE IN $12.1 MILLION DEAL

The seller did not follow purchase agreement when it (a) sent notice of termination of the deal to buyer by electronic mail and (b) failed to give buyer ten business days to cure the default. M&A Stories March 13, 2023

Posted in termination of M&A agreement Tagged with: , , , , , , , , ,

BUYER’S FAILURE TO EXTEND CLOSING DEADLINE LEADS TO TERMINATION OF M&A DEAL BY SELLER

The asset purchase agreement gave the seller the right to terminate the asset purchase agreement if the FCC did not consent to the sale before a deadline. The seller’s termination of the deal 6 months after the deadline was valid.

Posted in equitable estoppel, termination of M&A agreement Tagged with: , , , , , , , , ,

Auto Dealership Acquisition Fails Because Buyer Slow to Process Franchise Application

Court holds that the seller had right to terminate the transaction when the buyer failed to process the franchise consent process within the time required by the asset purchase agreement. M&A Stories August 25, 2021 Introduction Deadlines in an M&A

Posted in termination of M&A agreement, time of the essence, waiver provision Tagged with: ,

Court Rules on $12 Million M&A Termination Fee

Explore the court’s decision on a $12 million M&A termination fee in the case of Genuine Parts Company v. Essendant Inc. Learn valuable insights for M&A deals and fiduciary out clauses. November 5, 2019 Introduction: In M&A deals, sellers often

Posted in exclusive remedy, fraud carveout, termination of M&A agreement, termination or breakup fee, willful breach carveout Tagged with: , , , , , , , ,

Buyer Misses Merger Deadline, Faces $126 Million Breakup Fee Battle

Explore a legal battle over a $126.5 million reverse breakup fee resulting from a missed merger deadline. Delve into the complexities of M&A agreements and antitrust issues. M&A Stories March 28, 2019 Introduction: In the world of business acquisitions, sellers

Posted in extension of closing, implied covenant of good faith and fair dealing, merger, reverse termination or breakup fee, termination of M&A agreement, termination or breakup fee Tagged with: , , , , , , , , , ,

Recent Comments

Categories