Explore a recent M&A case involving a $4.4 million adjustment dispute tied to EBITDA calculations. Learn about the legal intricacies and implications for purchase price agreements. M&A Stories October 9, 2020 Introduction: In the context of acquisitions, the cost frequently…
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Dispute Over $4.4 Million Adjustment in M&A Deal Linked to EBITDA
Posted in determination of purchase price adjustment, EBITDA, purchase price adjustment Tagged with: asset purchase agreement, Business acquisition, certificate of calculation, EBITDA adjustment, EBITDA calculation, legal case analysis, legal implications, M&A dispute, M&A litigation, purchase price agreement, purchase price negotiation
Buyer Refunded $3.5M Due to Unemployment Tax Issue in M&A Deal
Learn about a legal case where a buyer was refunded $3.5 million due to an unemployment tax issue that arose after an M&A deal. Understand the importance of considering unemployment compensation tax when acquiring a business with employee turnover. July…
Posted in seller's unemployment experience rating, successor liability Tagged with: Business acquisition, business assets, buyer refund, employee turnover, human resource service provider, legal battle, Legal Case, M&A deal, successor employer, Texas Workforce Commission, unemployment compensation tax, unemployment tax issue
Court Denies Buyer’s Request for Injunction in M&A Dispute Due to Absence of Ongoing Arbitration
Read about a recent M&A dispute where a buyer’s request for an injunction was denied due to the absence of ongoing arbitration. Learn how the court’s decision highlights the importance of precise contractual language. Case reference: NUMSP, LLC v. Etienne.…
Posted in arbitration, TRO/preliminary injunction before filing for arbitration Tagged with: arbitration clause, Business acquisition, buyer's request, contractual language, court intervention, injunction denial, Legal Case, Legal dispute, M&A dispute, noncompetition clauses clauses, NUMSP LLC v. Etienne, ongoing arbitration, Preliminary injunction, TRO
Buyer’s Problem with Business Seller Failing to Pay Invoice of Valuable Vendor
Explore a recent legal case highlighting challenges in M&A transactions when business sellers fail to pay critical vendor invoices. Learn how clear agreements and meticulous contract drafting can prevent uncertainties and potential conflicts. Case reference: Continental Motors, Inc. v. Danbury…
Posted in Buyer payment of seller retained liabilities Tagged with: asset purchase agreement, Business acquisition, Continental Motors v. Danbury Aerospace, contract drafting, escrow fund, Legal Disputes, M&A legal case, reimbursement rights, seller liabilities, Texas Appellate Court, vendor invoice
Safeguarding Purchased Customer Information through Nondisclosure Agreements in M&A Deals
Learn how including a covenant in your acquisition agreement can prevent sellers from disclosing or utilizing customer data, even if it’s not classified as a trade secret. Explore a real case involving a seafood wholesaler and importer. March 31, 2020…
Posted in customer list, customer list, nondisclosure agreement, trade secret misappropriation Tagged with: Acquisition Agreement, Business acquisition, Case Study, Confidentiality covenant, Customer information protection, Legal Challenges, M&A deals, Nondisclosure agreements, Preventing competition, trade secret
Business Buyer Battle’s Seller’s Founder Over His Publicity Rights
Explore the legal dispute between a business buyer and a competitor over the use of a founder’s name for product promotion. Learn about the key court decision and its implications. October 21, 2019 Introduction: In the world of business acquisitions,…
How a Fraud Carve-Out Protected a Buyer’s Employee Non-Solicitation Claim in an M&A Deal
Explore a case study where a fraud carve-out provision played a crucial role in protecting a buyer’s interests in an M&A deal. Learn about the legal intricacies surrounding employee non-solicitation claims and exclusive remedy provisions. October 19, 2019 Introduction: Many…
Posted in boilerplate provisions, fraud carveout, hiring seller's employees, nonsolicitation of employees and customers Tagged with: asset purchase agreement, Breach of Covenant, Business acquisition, case reference, Employee Non-solicitation, exclusive remedy, fraud carve out, indemnification, Legal dispute, M&A, merger and acquisition, nonsolicitation covenant, Sacramento Federal Court, Trampoline Park
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