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Drafting Oversight Costs Seller $109 Million: The Save Mart Case

On February 28, 2024, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award, leaving many in the private equity community surprised. This decision led to MP Seller Holdings LLC (Seller), seller of a $40...more

Sellers Should Beware of Closing Conditions Requiring Representations and Warranties to be "Accurate in All Respects"

In HControl Holdings v. Antin Infrastructure Partners, a Delaware court recently held that the buyer could terminate without closing its agreement to acquire a target company for $250 million. Due to a $215,000 ownership...more

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