The Party Must Continue – With A Cake - Corporate/Commercial Law
On April 30, 2021, the Delaware Chancery Court (the “Court”) issued a decision in Snow Phipps Group, LLC v. KCake Acquisition, Inc., ordering an affiliate of private equity buyer Kohlberg & Co. (“Kohlberg”) to acquire cake decoration supplier, DecoPac Holdings Inc. (“DecoPac”), for $550 million. In the opinion, newly sworn-in Chancellor Kathaleen McCormick affirmed prior case law on several common contractual provisions that bear on deal certainty in the time of COVID-19 (including material adverse effect, or “MAE,” conditions; interim operating covenants; and the reasonable ...
Source: mondaq.com