Cooley M&A

OCTOBER 29, 2018

Fresenius Kabi AG , C.A. The court also found that Fresenius was justified in not closing the transaction before the end date because of the occurrence of an MAE. We can no longer give this advice. In its decision in Akorn, Inc. 2018-0300-JTL (Del. the adverse change constituted an MAE as defined in the merger agreement.

Compliance 52

Compliance EBITDA Specific Risk Marketability 52

Reynolds Holding

MAY 2, 2024

1 mapped out one means by which a court may evaluate mootness fees paid to individual shareholders after the voluntary dismissal of an action challenging a public company merger. Instead, companies typically settle these suits by agreeing to additional “correcting” disclosures and paying plaintiffs’ counsel a modest fee. Akorn Inc.,

Compliance 45

Compliance 45

Cooley M&A

MAY 11, 2020

Residential rental companies Front Yard Residential and Amherst Residential mutually agreed to terminate their planned $2.3 Acquisition agreements typically require the target company to operate in the ordinary course of business in all material respects and to refrain from taking certain specified actions between signing and closing.

Finance 40

Finance Start-ups Marketability Debt Financing 40