Explore the nuances of buyer offset rights in M&A deals and their application in a real-world case. Learn how a Delaware court ruled on a seller’s challenge to offset legal costs in a post-closing environmental litigation. September 9, 2019 M&A…
Blog Archives
Buyer’s Rights to Offset Environmental Legal Costs in M&A Deals
Posted in environmental, indemnification, offset or setoff provision Tagged with: Asset purchase agreement (APA), Buyer's offset rights, California environmental litigation, Chrome plating business, Delaware Superior Court, Environmental legal costs, Legal challenge in M&A, M&A offset rights, Post-closing contamination, Seller indemnification, setoff rights
Extending Contractual Timeframes in M&A Deals Under Delaware Law
Explore the implications of Delaware law on survival periods and statute of limitations in M&A agreements. Learn how a recent case, Kilcullen v. Spectro Scientific, Inc., sheds light on extending timeframes for indemnification claims. September 6, 2019 M&A Stories Introduction:…
Posted in extension by contract in Delaware, indemnification, statute of limitations, survival of reps and warranties, tolling Tagged with: 10 Del. Code § 8106(c), contract claims, contractual timeframes, Delaware Court of Chancery, Indemnification claims, intellectual property representation, Kilcullen v. Spectro Scientific, Legal battles, M&A agreements, M&A Delaware law, statute of limitations, survival periods, tolling
Timely Products Liability Claims in M&A Deals: A Closer Look
Explore the intricacies of products liability claims in M&A deals, including indemnification agreements and survival periods. Dive into the legal resolution of a real case, CEI Equipment Company v. Gaddis. M&A Stories April 11, 2019 Introduction: In mergers and acquisitions,…
Posted in indemnification, statute of limitations, survival of covenants Tagged with: CEI Equipment Company v Gaddis case analysis, Indemnification agreements in mergers, Iowa statute of limitations, Legal resolution of product liability disputes, M&A agreements in truck trailer manufacturing, M&A products liability claims, Pre-closing product liability, Products liability in post-closing scenarios, Survival period in purchase agreements, Timely indemnification claims
Limiting Environmental Remediation Costs in M&A Deals
Explore how to mitigate environmental remediation costs in M&A transactions through a real-life case study. Learn from a legal perspective about managing environmental uncertainties in stock purchase agreements. M&A Stories January 17, 2019 In 2014, a business owner in Palo…
Posted in Buyer beware, environment representations and warranties, environmental remediation, escrow, indemnification, promissory note, purchase price reduction, stock purchase agreement Tagged with: Case Study in M&A, Due diligence in M&A, Environmental Contamination, Legal Aspects of M&A, M&A Environmental Remediation, Mitigating Remediation Costs, stock purchase agreement
Environmental Liability in M&A Deals
Explore a legal case study on environmental liabilities in M&A deals. Learn about the dispute between a stock seller and buyer regarding contamination issues and indemnification. M&A Stories November 29, 2018 In this transaction, a company dealing in industrial combustion…
Posted in environment representations and warranties, escrow, indemnification, representations and warranties Tagged with: Case Study, Cleanup requirements, Contamination issues, Environmental claims, Environmental liabilities, Environmental regulations, escrow, Hammond Kennedy Whitney & Co. Inc. v. Honeywell International Inc., indemnification, Legal dispute, M&A legal blog, Soil and groundwater contamination, stock purchase agreement
Avoiding Escrow Woes: A Cautionary Tale for M&A Participants
Dive into the intricacies of mergers and acquisitions with our latest blog post, ‘Avoiding Escrow Woes: A Cautionary Tale for M&A Participants.’ Explore the real-world case of The HC Companies, Inc. v. Myers Industries, Inc., and unravel the complexities surrounding…
Posted in indemnification, timely objection to indemnification claim Tagged with: attention to detail, Breach of contract, business assets, business ecosystem, business enthusiasts, business litigation, business protection, Business Transactions, case analysis, cautionary tale, Court of Chancery, Court rulings, Delaware, diligence, Entrepreneurial insights, escrow, Indemnification claims, Legal Challenges, Legal Disputes, Legal intricacies, Legal lessons, litigation outcomes, M&A legal, M&A practitioners, Mergers and Acquisitions, The HC Companies Inc. v. Myers Industries Inc., timely objections
Key Takeaways from Recent M&A Case: Buyer’s Indemnification Rights Clarified
Explore the legal intricacies of a recent M&A case where a restraint system manufacturer acquired a seat belt producer, leading to a dispute over indemnification for pre-closing product liability claims. Understand the court’s ruling and the implications for buyers and…