Explore a recent M&A case where a buyer’s bankruptcy reorganization led to the elimination of an earnout obligation in the purchase of cloud-based secure messaging IP. Learn about the legal implications and key takeaways from this situation. M&A Stories March…
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Bankruptcy Court Approves Sale of Business, Clears Pension Claim
Explore the recent M&A development where a pension plan’s attempt to block a company’s business sale in bankruptcy failed. Discover how section 363(f)(3) of the Bankruptcy Code played a pivotal role in allowing the sale to proceed without the burden…
Posted in asset purchase agreement, bankruptcy sale, distressed business acquisitions, federal multiemployer pension plan withdrawal liability, Section 363 sale, successor liability Tagged with: 363(f) sale, alter ego, bankruptcy, Bankruptcy Code, Chapter 11, Collective Agreement, contingent liability, Court ruling, E.D. Michigan, Environmental Services, Industrial Services, K & D Industrial Services Holding Co., legal battle, M&A, multiemployer pension plan withdrawal liability, Pension Claim, Pension Fund Liability, successor liability, transferee liability
Acquiring a Troubled Business in Bankruptcy: Shedding Union Liabilities
Learn about the legal complexities of purchasing a distressed business in bankruptcy, specifically focusing on shedding union liabilities. Explore the case of Mission Coal Company and understand the key takeaways from this challenging M&A scenario. M&A Stories March 12, 2019…
Posted in purchase agreement Tagged with: acquiring a business, bankruptcy, bankruptcy sale, case reference, Chapter 11, court approval, distressed business, healthcare commitments, job preservation, legal complexities, M&A, Mission Coal Company, pension obligations, sale of distressed business, union liabilities
Limiting Liability: Acquiring Assets in Bankruptcy and Product Liability
Dive into the intricate world of mergers and acquisitions through a captivating legal narrative. Explore the complexities of transferring liability in bankruptcy acquisitions, particularly in cases involving defective products. Unravel the legal precedents set by landmark cases like Nelson v.…
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