Sentences with phrase «by failed merger»

Not exact matches

Qualcomm and Broadcom round out the subsector's top five companies by market cap, making a failed merger between the two companies particularly painful for the group, according to Scott Kessler, lead tech analyst at CFRA Research.

Though Aetna's merger with Humana failed earlier in 2017, it was snapped up later in the year by pharmacy giant CVS in a deal worth $ 69 billion.

Following its failed merger with Aetna, Humana seemed a ripe target for acquisition by another insurer.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

CORPORATE FINANCING NEWS By Gordon Platt The value of global mergers and acquisitions has failed to pick up, despite low interest rates and an improving global economy.

«Those who support a consolidation do not want to set back any progress toward it by having a public vote that could decisively fail,» Reeher said, referring to a referendum this November on a Consensus» proposed government merger.

Indeed, analysis shows that for at least a third of the past century, the country was governed by parties which had failed to win an election in their own right but had created temporary mergers with another party in order to form a ruling coalition.

Marty and the Pod are put through the ringer by their arch-rival firm Kinsley - Johnson as part of the due diligence performed by MetroCapital for the pending merger; Jeannie does her best to keep Wes and the marriage at bay but fails to keep it a secret from Marty; April and Roscoe bond but Marty learns about Jeremiah's secret and receives shocking news from Monica.

3) if step 2 fails, offer to take target private himself, provide value and liquidity to other shareholders and earn a bit more by way of a merger into one of his own entities, breaking it up himself or a combination thereof.

The recent fund sell - off may be a natural response to high prices — taking profits and looking for other opportunities.4 However, the sell - off was triggered by weakness in the telecom industry, where some companies have struggled with failed mergers and poor earnings.

As a brief overview, the Management and Board have embarked upon a failed merger that garnered virtually no support from its shareholders, and was opposed by ISS, and continued on that path until the date of the special shareholders meeting and scheduled vote, spending lavishly in a failed effort to close it; attempted to implement substantial new options to itself, a plan opposed by ISS and the shareholders, which was withdrawn; continually paid itself outrageous sums of the shareholders money over the past three years; rejected highly qualified outside board members with deep, broad healthcare company experience supported by its shareholders; held many Board and Committee meetings with nothing to show for it; formed a new Strategic Transactions Committee that is highly paid but that has produced no deals for the shareholders to consider or for any outside valuation experts to formally review; spent lavishly on accountants, auditors and counsel; failed to successfully hire any outside professional negotiators and finally extinguish or remove the outstanding lease obligations; distributed no cash to the shareholders despite holding excess amounts; formed no special purpose entity to hold any royalty and milestone rights and payments for the benefit of its shareholders; and thus generally failed in its fiduciary duties to shareholders.

As with last year's demise of firms like Thacher Profitt, Thelen and Heller Ehrman, Wolf Block's failure, as described by The Legal Intelligencer, follows the same pattern: failed merger attempts, rainmaking partners jumping ship and a primary practice area (real estate) that suffered in the economic downturn.

Former cases include acting for an international law firm in defence of proceedings by a partner excluded for breach of duty and acting for partners in a prominent Hong Kong firm on claims for misrepresentation and breach of a partnership agreement following a failed merger.

Weightmans has boosted profit per equity partner (PEP) by 18.5 % as revenues hold steady, following a financial year that saw failed merger talks with Newcastle - based Ward Hadaway.

Mosca v. Kiner (277 A.D. 2d 937)- broker's, salesperson's and owner's motion for summary judgment dismissing buyer's complaint affirmed; where property was advertised as having deeded lake rights and the MLS indicated that the property had access to a private dock, buyer's post closing fraud cause of action fails where buyer had the means available to him of knowing, by the exercise of ordinary intelligence, the truth concerning the description and boundary of the land and failed to make use of such means; the presence or absence of deeded lake rights was a mater of public record, was not particularly within broker's, salesperson's or owner's knowledge and could have been ascertained by buyer by means available to him through the exercise of ordinary intelligence; specific merger clause in the contract defeats fraud cause of action