News & Analysis as of September 22, 2024

Mergers

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Structured and Leveraged Buyout May Breach Fiduciary Obligations

Spilman Thomas & Battle, PLLC on 3/4/2021

Most mergers and acquisitions and bankruptcy practitioners are well aware of the ever-increasing use of leveraged buy-out ("LBO") by publicly traded companies and private equity groups alike in highly structured liquidation...more

Blog: MAEjor Ruling: Delaware Court of Chancery Finds Target Suffers Material Adverse Effect and Acquirer Could Back Out of...

Cooley LLP on 10/30/2018

M&A practitioners have long advised boards of directors that the Delaware courts have never found that the events or circumstances in a particular transaction met the contractual standard of having a material adverse effect...more

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Merger Agreements › EBITDA › Mergers

Structured and Leveraged Buyout May Breach Fiduciary Obligations

Blog: MAEjor Ruling: Delaware Court of Chancery Finds Target Suffers Material Adverse Effect and Acquirer Could Back Out of...

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