Private Equity Buyer Permitted to Walk From Deal Based on Capitalization Representation Breach
Cleary M&A and Corporate Governance Watch
JUNE 5, 2023
Background and Decision In December 2022, following a competitive process, affiliates of Antin Infrastructure Partners S.A.S (“buyer”) entered into a merger agreement to acquire a group of privately held broadband companies, known as OpticalTel. [2] Shortly following signing, claims by two former employees of OpticalTel arose.
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