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In McKinney-Drobnis v. Massage Envy Franchising LLC, the court characterized a provision allowing a defendant to retain excess amounts it had been willing to pay for attorneys’ fees as a disfavored kicker or reverter.
PRESS RELEASE NIBC AND BLACKSTONE This is a joint press release by NIBC Holding N.V. ("NIBC", the "Company") and Flora Acquisition B.V. (the "Offeror"), an entity incorporated under Dutch law, owned by certain funds (the "Blackstone Funds") managed and/or advised by Blackstone's Tactical Opportunities and Private Equity businesses and other managers affiliated with The Blackstone Group Inc. (each or together, as the context requires, "Blackstone"), pursuant to the provisions of Section 16 paragraph 1 and 2 and Section 17 paragraph 1 of the Decree on Public Takeover Bids (Besluit Openbar...