Reynolds Holding
MAY 10, 2023
The basic premise of Chapter 11 is that even an insolvent (or otherwise financially distressed business) may have significant going-concern value after its existing debt and other liabilities are restructured, and that creditors as a whole are better off preserving the business and sharing in its going-concern value than liquidating it piecemeal.
Reynolds Holding
APRIL 10, 2024
Both measures represent a form of preventive, partial bail-in to preserve going-concern value for solvent intermediaries. Complementing going-concern recapitalization through contingent convertible bonds (CoCos) with redemption charges preventing runs largely addresses U.S. criticism of these instruments.
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Reynolds Holding
APRIL 10, 2023
The second difference is the “inherently more qualitative” nature of sustainability information than traditional financial reporting; the “goal is to produce information so that users may assess short-, medium-, and long-term future performance and expectations that relate to an ultimate enterprise value (or going concern value).”
Shephard Mullin M&A
JUNE 8, 2023
There is no legal reason for this dynamic, which appears to be driven by generally accepted industry precedent and the disparate negotiating leverage that tends to exist in this industry between buyers, who are often large and well-finance consolidators, and sellers, many of whom are smaller, family-owned businesses looking for an exit.
Appraisal Rights
AUGUST 8, 2017
That definition required a valuation of the petitioners’ shares based on the “going concern” value of the stock, and that notion also disregarded any minority discount that would inhere in a stock-market price.
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