--(1) If the debtor under a debtor - creditor - supplier agreement falling within section 12 (b) or (c) has, in
relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
Not exact matches
Such risks and uncertainties include, but are not limited
to: our ability
to achieve our financial, strategic and operational plans or initiatives; our ability
to predict and manage medical costs and price effectively and develop and maintain good relationships with physicians, hospitals and other health care providers; the impact of modifications
to our operations and processes; our ability
to identify potential strategic acquisitions or
transactions and realize the expected benefits of such
transactions, including with respect
to the Merger; the substantial level of government regulation over our business and the potential effects of new laws or regulations or changes in existing laws or regulations; the outcome of litigation, regulatory audits, investigations, actions and / or guaranty fund assessments; uncertainties surrounding participation in government - sponsored programs such as Medicare; the effectiveness and security of our information technology and other business systems; unfavorable industry, economic or political conditions, including foreign currency movements; acts of war, terrorism, natural disasters or pandemics; our ability
to obtain shareholder or regulatory approvals required for the Merger or the requirement
to accept conditions that could reduce the anticipated benefits of the Merger as a condition
to obtaining regulatory approvals; a longer time than anticipated
to consummate the proposed Merger; problems regarding the successful integration of the businesses of Express Scripts and Cigna; unexpected costs regarding the proposed Merger; diversion of management's attention from ongoing business operations and opportunities during the pendency of the Merger; potential litigation associated with the proposed Merger; the ability
to retain key personnel; the availability of
financing, including relating
to the proposed Merger; effects on the businesses as a result of uncertainty surrounding the proposed Merger; as well as more specific risks and uncertainties discussed in our most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor
Relations section of www.cigna.com as well as on Express Scripts» most recent report on Form 10 - K and subsequent reports on Forms 10 - Q and 8 - K available on the Investor
Relations section of www.express-scripts.com.
Recent cases include: Axiom Litigation
Financing Fund (acting for the «receiver / liquidator» of a Caymans Islands fund: # 110m dispute); Frauntled Management Limited v Featherwood ($ 13m investment dispute before the BVI Court of Appeal); BBX Capital Asset Management v Royal Bank of Canada & Ors ($ 30m Cayman dispute relating
to transaction to defraud creditors / sham trusts); Trinity Management Group Ltd v Burke Consolidated Ltd (s. 184I / s.175 BVI dispute); Maruti Holdings PTE Limited v Sinclair Strategies Limited (BVI jurisdictional challenge); QVT Fund & Ors v China Zenix Auto International Limited (s. 184I and s184C BVI dispute: interim injunction) In addition, the international nature of commercial fraud often results in Paul advising in
relation to proceedings before off - shore courts such as in VTB v Nutritek (advised on interim relief in Cayman Islands and maintenance of BVI injunction in light of UK Supreme Court decisions) and in other off - shore jurisdictions such as Jersey, Guernsey and Nevis.
Notable mandates: Canadian counsel
to MeadWestvaco Corp. in international restructuring and spinoff of a division
to another public entity, valued at around $ 500 million; counsel
to Skyline Commercial REIT in its multi-phased acquisition of 46 commercial properties from Conundrum Capital for a purchase price of around $ 242 million; Canadian counsel
to Ralcorp Holdings Inc. in cross-border acquisition by ConAgra Foods Inc., a
transaction with a total value of more than US$ 9 billion; lead external legal counsel
to Puerto Rico Public - Private Partnerships Authority in
relation to the authority's first greenfield design - build -
finance - maintain project (a juvenile detention and social treatment facility); advisor
to Ghana Grid Co. Ltd. in
relation to development of market rules for the Ghanaian electricity system.
A client holding a large judgment or award with substantial cross-border collection risk requires a highly - specialized and multi-disciplinary approach
to monetising the asset; including advice in
relation to asset investigations, cross-border enforcement litigation, risk - adjusted valuation and potentially brokering and
transaction advisory services attendant
to financing, or selling, a judgment or award.
Specifically in
relation to aviation
finance, we have extensive experience representing airlines, equity providers, sponsors, owners, arrangers, debt providers, residual value providers, defeasance institutions and other participants in a wide range of aircraft
finance transactions, including domestic and cross-border debt and
finance / capital and operating leases.
He also advises clients in
relation to aircraft purchase and
finance transactions.
Antitrust: Cartel Antitrust: Civil Litigation / Class Actions Antitrust: Merger Control Dispute Resolution: Corporate Investigations and White - Collar Criminal Defense Dispute Resolution: Financial Services: Litigation Dispute Resolution: General Commercial Disputes Dispute Resolution: International Arbitration Dispute Resolution: International Trade Dispute Resolution: Securities Litigation: Defense
Finance: Capital Markets: Debt Offerings: Capital Markets: Debt Offerings: Advice
to Issuers
Finance: Capital Markets: Equity Offerings: Capital Markets: Equity Offerings: Advice
to Underwriters
Finance: Financial Services Regulation Government: Government
Relations Industry Focus: Energy Regulatory: Conventional Power Industry Focus: Healthcare: Life Sciences Intellectual Property: Patent Litigation: International Trade Commission Intellectual Property: Patent: Prosecution (including reexamination and post-grant proceedings) Intellectual Property: Patents: Licensing Labor and Employment: Employee Benefits and Executive Compensation (
Transactions) M&A / Corporate and Commercial: Corporate Governance M&A / Corporate and Commercial: Venture Capital and Emerging Companies Media, Technology and Telecoms: Cyber Law (including Data Protection and Privacy) Media, Technology and Telecoms: Cyber Law (including Data Protection and Privacy), Data Breach Response Media, Technology and Telecoms: Outsourcing Media, Technology and Telecoms: Technology:
Transactions Media, Technology and Telecoms: Telecoms and Broadcast: Regulatory Real Estate Tax: US taxes: Non-contentious
Advising our clients on the interpretation of EU and UK sanctions against Iran in
relation to existing and proposed
finance transactions, including restructuring and acceleration of loan facilities and enforcement.
Previous
transactions have included acting for a variety of banks in
relation to the
financings of:
He has particular experience advising borrowers and lenders in
relation to syndicated real estate investment and development
finance and acquisition / lev - eraged
finance transactions.
We provide a full service offering
to lenders, borrowers and sponsors in
relation to a wide range of leveraged and acquisition
finance transactions.
He specialises in
transactions and disputes in respect of contracts of all description and purpose, business activities and assets that are regulated by law, trust or contract, breach of duty (however arising) and economic torts, and government agreements and decisions in
relation to funding,
finance and commerce.
Advising the liquidators of a special purpose vehicle dealing in trade
finance transactions, whose assets had been fraudulently misappropriated, in
relation to claims against third parties.
In addition
to the five ECQs that must be addressed, the job announcement requests that each resume address at least one of five technical specialty fields, e.g., Accounts Processing & Customer Assistance, Information Technology, or three others; and, address broad knowledge or experience on the tax and / or
finance aspects with tax - exempt bond
transactions or tax credit bond
transactions including Organizational Support, Organizational Knowledge, Stakeholder
Relations and Education, Procurement, Human Capital Management, and several other categories.