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Breach of Duty › Financing

Patton Sullivan Brodehl LLP

Operating Agreement Doesn’t Excuse Breach of Fiduciary Duty

Patton Sullivan Brodehl LLP on

Many posts on The LLC Jungle blog have focused on the fiduciary duties owed by LLC managers to both the LLC’s members and the LLC itself. Other posts have focused on the pitfalls of LLC Operating Agreements that fail to...more

Mintz Edge

Insight: Important Matters to Consider When Facing a Possible Down Round Financing

Mintz Edge on

The financial press has been reporting that investors are concerned that the United States economy may be heading toward a recession. In light of this and other factors creating uncertainty in the financial markets,...more

Farrell Fritz, P.C.

A Lesson In Drafting Capital Call Provisions

Farrell Fritz, P.C. on

Those of us who follow the Delaware Chancery Court’s output are regularly treated to lengthy, detailed, finely crafted opinions sometimes in excess of 100 pages. Opinions of that length from our New York state court judges...more

Morris James LLP

Proxy Puts: Consider With Caution

Morris James LLP on

Directors of a Delaware corporation that enters into a financing agreement with a lender may breach their fiduciary duties if the financing agreement contains a common provision allowing the lender to accelerate and demand...more

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