News & Analysis as of

Sale of Assets

All Experience is not Good Experience – Experience Ratings & 11 U.S.C. § 363(f)

by Burr & Forman on

Recently, the Bankruptcy Court for the Northern District of Alabama joined with a number of courts in finding that a debtor’s ability to sell their assets free and clear of any “interests” in property encompassed the right to...more

Buying Assets? Have You Considered This Secretary’s Certificate?

by Allen Matkins on

California Corporations Code Section 1001 requires approval by the outstanding shares (Corp. Code § 152) of the principal terms of a sale of all or substantially all of a corporation’s assets (unless the transaction is in the...more

Drafting In The Details

by Dickinson Wright on

The Fifth Circuit Court of Appeals recently affirmed that the devil really is in the details in a case that illustrates the importance of ensuring that deal documents accurately reflect the parties’ agreed upon terms with...more

Directors' dealings and company assets

by Dentons on

A recent challenge in the High Court by liquidators to recover assets from a director of an insolvent company has highlighted various points of company law. In particular, the court had to consider directors' authority, share...more

Fiduciary Imprudence: When the Sale of an Asset Results in a Surcharge

by Farrell Fritz, P.C. on

Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution,...more

Key Issues for Derivative Transactions under the BRRD

by White & Case LLP on

In this article, we outline the main resolution tools available to a resolution authority and consider the broad powers of resolution authorities that may impact existing derivative transactions in the event of a bail-in....more

Rolling Over Target Equity Into A PE Fund: Part II

by Farrell Fritz, P.C. on

Roll-Over: Tax Issue - Picking up on yesterday’s discussion, how can a PEF reconcile its preference to acquire a depreciable or amortizable basis for its target’s assets while, at the same time, affording the target’s...more

Rolling Over Target Equity Into A PE Fund: Part I

by Farrell Fritz, P.C. on

For many business owners, the final step of a successful career may be the sale of their business. At that point, the investment into which the owners have dedicated so much time, effort and money is liquidated, leaving them...more

Wealth Management Update - December 2016

by Proskauer Rose LLP on

December Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The December § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Developments in Association Law 2015–2016

The Nonprofit Organizations Practice at Pillsbury has prepared this summary of significant legal and policy developments that have occurred in approximately the past year. All of these developments have potential impacts upon...more

"Two Court of Chancery Deal Litigation Decisions Provide Helpful Guidance"

Chelsea Therapeutics: Post-Closing Bad Faith Claim a ‘Rare Bird’ in Delaware Absent Allegations of Self-Interestedness or Lack of Independence - In In re Chelsea Therapeutics International LTD Stockholders Litigation,...more

Delaware Law Updates – Board’s Adoption of a Plan of Dissolution Held Not to Be a Breach of the Directors’ Fiduciary Duties

by McCarter & English, LLP on

In The Huff Energy Fund, L.P. v. Gershen, C.A. No. 11116-VCS (Del. Ch. Sept. 29, 2016), the Delaware Court of Chancery dealt with the issue of whether a company’s decision, approved by its board of directors and its...more

Tax Benefit from Leveraged Partnerships Shut Down By New IRS Regulations

On October 5, 2016, the IRS and Treasury released a package of new regulations under Code sections 707 and 752 designed to curtail the use of debt to reduce tax on the contribution of appreciated assets to leveraged...more

Significant Developments in Canadian Energy – For the Month of August 2016

by Dentons on

Conventional - August 2, 2016 – Quattro Exploration and Production Ltd. has signed a letter of intent for the sale of certain oil and gas production facilities and lands in Western Canada to an Alberta-based oil and gas...more

Renewable Energy Update - August 2016 #2

by Allen Matkins on

Renewable Energy Focus - California's regional electricity grid plan on hold - Los Angeles Times - Aug 8 - Governor Jerry Brown’s plan for a regional electricity grid is being put on hold this year, and...more

Wright Medical To Sell Tornier Business to Corin for $33 Million

According to press releases, Wright Medical Group N.V. plans to sell its Tornier hip and knee business to Corin Orthopaedics Holdings Ltd. for about $33 million in cash. This deal comes shortly after Wright and Tornier...more

Private Briefing: The Appeal of Secondary Buyouts

Greenberg Glusker partner Andrew Apfelberg was quoted in a July 22, 2016 article about sponsor to sponsor asset sales published in The Deal. The article addressed arguments for secondary sales of assets and specifically,...more

Transfer of Operatorship of Oil and Gas Assets Upon Insolvency

by Bennett Jones LLP on

Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator’s insolvency. However, these provisions often become...more

Sports Authority sells it customer database to Dick’s Sporting Goods for $15 million

Sports Authority, Inc. (“Sports Authority”) advertisements have been everywhere lately –‘everything must go!’ But does this include their customers’ personal information, too? Because Sports Authority has filed for Chapter 11...more

(Silicon Valley – Season 3 Finale)

Summarizing the week Jared writes, “Lewis Carroll famously said, ‘Begin at the beginning, go on to the end, and then stop.’ But that is hard advice to follow when one’s head is spinning…” It would have been just as apt if...more

Significant developments in Canadian energy – for the month of June 2016

by Dentons on

June 22, 2016 – In response to the Redwater decision (discussed below) and pending the outcome of an appeal, the Alberta Energy Regulator (AER) implemented interim changes to its regulatory measures “to minimize risks to...more

Your daily dose of financial news - The Brief – 6.30.16

by Robins Kaplan LLP on

US banks made a strong showing in part 2 of the latest round of the Fed’s stress tests. Only Morgan Stanley didn’t pass unconditionally (concerns over the company’s “internal controls and processes” tripped it up), while the...more

Alternatives to Bankruptcy from Bankruptcy Law Specialist Christy Myatt

by Nexsen Pruet, PLLC on

The general notion behind receiverships is to preserve property pending the outcome of a case, or the foreclosure of real property or such other time as the Court deems a Receiver is not required....more

Bulletin 2016-16: Alberta Energy Regulator Releases New Requirements in Wake of Redwater Decision

by Bennett Jones LLP on

Industry and the public may face significantly higher costs as a result of the much anticipated decision of the Alberta Court of Queen’s Bench in Redwater Energy Corporation (Re), 2016 ABQB 278, issued on May 19, 2016. The...more

Significant developments in Canadian energy – for the month of May 2016

by Dentons on

Conventional - May 3 – Freehold Royalties Ltd. entered into an agreement with Husky Energy Inc. to acquire royalty production and lands for an aggregate purchase price of $165 million. The transaction closed on May 25,...more

104 Results
|
View per page
Page: of 5
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!