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Last Entry: March 31, 2011 at 05:52:00

Genesco: A Half-Time Report

Posted on January 02, 2008
The picture which emerges from the Genesco opinion is a bidder engaged in a hot auction worried about a topping bid and pushing the limit on pricing. In the background is a financing bank looking to build a big client...

The Top Ten M&A Events of 2007

Posted on December 30, 2007
[Moving to the top for the new year] My wholly subjective list of the top ten M&A events for 2007: The MAC Daddy. It began with Accredited Home Lenders/Lone Star. But the August turmoil subsequently brought material adverse change (MAC)...

Genesco v. Finish Line: The Opinion

Posted on December 28, 2007
So, a few thoughts on the Genesco opinion issued yesterday: Fraud Claims. Chancellor Lyle finds that the Finish Line and UBS testimony was not believable as to Genesco's and Goldman Sachs's affirmative oral statements about their May performance and thus...

Genesco wins in Tennessee

Posted on December 27, 2007
Now its off to New York to litigation the solvency issue and whatever else UBS can concoct up (there is the Tenn. appeal too). Access the opinion here. I'll have more tomorrow.

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URI/Cerberus: The Final Word

Posted on December 27, 2007
I think we now have a confident view of how the negotiation occurred. Throughout the contract negotiation process the Cerberus side made it clear at all times that its contracting policy did not permit it to allow the Seller a...

The Dog Bites: Coda

Posted on December 24, 2007
So, I've been thinking a bit more about the URI/Cerberus opinion over the weekend and have the following thoughts/questions: Chancellor Chandler again reiterates that he denied URI's motion to grant summary judgment but that "the question was exceedingly close...

The URI Opinion: Prof. Larry Ribstein's Commentary

Posted on December 21, 2007
The ever-intelligent Prof. Larry Ribstein over at Ideoblog has some excellent commentary on the Coates affidavit, the Chandler opinion and the wider implications of the URI case for contract drafting practices. You can access the post here. I'll have full...

Cerberus/URI opinion -- Quick Assessment of the Winners and Losers

Posted on December 21, 2007
Access the opinion here. Chandler begins: In classical mythology, it took a demigod to subdue Cerberus, the beastly three-headed dog that guarded the gates of the underworld.1 In his twelfth and final labor, Heracles2 journeyed to Hades to battle, tame,...