Contractual remedies in M&A transactions: the Cineplex case
Caruso, Michele (A.A. 2023/2024) Contractual remedies in M&A transactions: the Cineplex case. Tesi di Laurea in Cases in business law, Luiss Guido Carli, relatore Riccardo La Cognata, pp. 94. [Master's Degree Thesis]
Full text for this thesis not available from the repository.
Abstract/Index
Relevant literature on remedies in M&A operations. Information risk management in M&A Transactions: representations, warranties and remedies. Representations and warranties: fundamentals and rationale. Representations: "as is” statements on the status of the target company. The role of warranties in M&A contracts. Contractual remedies: general information and main types. From breach to remedy: legal and contractual challenges in M&A Transactions. Beyond the basics: advanced issues in structuring remedies. Conflicts, arbitration, and enforcement: the practical application of contractual remedies. Emerging trends. A closer look at common law vs. civil law legal framework. Towards more dynamic and forward-looking M&A contracts. Setting the stage for the case analysis. The Cineplex case: litigation analysis and implications for M&A contractual remedies. Chronology and reasons for litigation. Documentary analysis of the agreement and the judgment. Criticisms of damage calculation based on synergies. Possible alternative remedies: the thesis of the "loss of consideration to shareholders". Implications for M&A practice. A comparative analysis: termination for breach and performance protection.
References
Bibliografia: pp. 85-90.
| Thesis Type: | Master's Degree Thesis | 
|---|---|
| Institution: | Luiss Guido Carli | 
| Degree Program: | Master's Degree Programs > Master's Degree program in Corporate Finance, English language (LM-77) | 
| Chair: | Cases in business law | 
| Thesis Supervisor: | La Cognata, Riccardo | 
| Thesis Co-Supervisor: | Pistocchi, Caterina | 
| Academic Year: | 2023/2024 | 
| Session: | Extraordinary | 
| Deposited by: | Alessandro Perfetti | 
| Date Deposited: | 16 Jul 2025 10:11 | 
| Last Modified: | 16 Jul 2025 10:11 | 
| URI: | https://tesi.luiss.it/id/eprint/42936 | 
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