Topic
Specific performance
76 published works
M & A Law Prof Blog
URI’s Argument
In light of the filings in the past two weeks and the fleshing out of the issues, I thought I would take the opportunity to set forth URI's argument for…
M & A Law Prof Blog
ADS — the New URI?
For those who are curious below is the provision in the ADS merger agreement dealing with specific performance and the reverse termination fee. This one is better drafted than the…
Delaware Corporate & Commercial Litigation Blog
Specific Performance Granted in Land Contract
In Szambelak v. Tsipouras, 2007 WL 4179315 (Del. Ch., Nov. 19, 2007), read opinion here, the Chancery Court granted specific performance in a land contract involving the sale of a farm.…
M & A Law Prof Blog
Further Thoughts on URI/Cerberus
I thought I would add a few more thoughts on the the URI/Cerberus dispute in light of the N.Y. complaint filed on Wednesday. N.Y. ComplaintHaving reread Cerberus's complaint, I still…
M & A Law Prof Blog
URI/Cerberus: The Complaint
RAM said it would need to draw on its committed bridge financing facilities, but in the current credit markets it was not prepared to impair relationships with RAM’s financing sources…
M & A Law Prof Blog
URI Complaint
You can read URI's complaint here. I'll have full analysis tomorrow. But URI is claiming that section 8.2(e) of the merger agreement which limits equitable remedies to $100 million is…
ContractsProf Blog
City Wants Specific Performance of Stadium Lease
The usual rule in a lease agreement is that a landlord can’t make a tenant stay put in a building - - all it can get are damages reflecting the…
Delaware Corporate & Commercial Litigation Blog
Specific Performance Granted For Agreement Without Interest Rate
Dittrick v. Shalfant, 2007 WL 1039548 (Del. Ch., Apr. 4, 2007), read opinion here. This Chancery Court case involved an action for specific performance of an installment land sale contract for the…
Delaware Corporate & Commercial Litigation Blog
Specific Performance Denied
In Georgetown Crossing, LLC v. Ruhl, (Del. Ch., Dec. 5, 2006), read opinion here, the Chancery Court addressed a claim by the proposed purchaser for specific performance of a land contract for a…
Wills, Trusts & Estates Prof Blog
Clause Effective Despite Lack of Measuring Lives
A contract for the sale of real property was made contingent on the successful completion of the subdivision of the property into residential building lots. The contract expressly expired on…