Daily Archives: March 30, 2022

Shareholder Agreement Exit Clauses

Even if the dispute or impasse cannot be resolved by the agreement, a shareholders` agreement provides a court, if necessary, with advice on how to intervene on the intention of the parties on how disputes or blockages should be resolved. For everything that awaits you, you should have a signed shareholders` agreement. Regardless of the provisions contained in each…

Setting Aside a Contract for Mistake

In Elston v King (2020) EWHC 55 (Ch), the court addressed the situation in which a party attempts to strike down a compromise agreement due to a common error if the compromise was based on legal advice that was subsequently set aside. Justice Marcus Smith said: – An injunction for a particular enforcement and an injunction are discretionary remedies…

Serta Credit Agreement Language

On June 20, 2020, the New York State Supreme Court in North Star Debt Holdings L.P. v. Serta Simmons Bedding, LLC dismissed the plaintiffs` request for an injunction ordering Serta`s capitalization transaction. The court, which ruled that it could find no prospect of success for the infringement action, said that the seed amendment to the credit agreement only required…