« Feb. 8 Symposium on Forex Regulation | Main | State Street Sets Up Reserve for Possible Mortgage-Related Securities Liability »

January 4, 2008

Failed Buyouts and Contract Language

Will the recent wave of failed LBOs lead to revisions in the contract language about remedies for non-performance?  Some experts suggest that, in addition to negotiations over price, parties will bargain harder over the terms, with sellers seeking stronger financing guaranties and larger break-up fees.  This renewed attention comes about after a recent Delaware Chancery opinion that found that the contract language in the Cerberus-United Rentals deal was "hopelessly conflicted" on the issue of specific performance.  NYTimes, As Buyouts Falter, New Tactics Aim to Lock in Deals.

January 4, 2008 in News Stories | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef00e54fd266c98834

Listed below are links to weblogs that reference Failed Buyouts and Contract Language:

Comments

Post a comment