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As Merkur’s acquisition of Casigrangi would grant indirect control over SFC, French regulations require Merkur to launch a simplified mandatory tender offer for the remaining SFC shares it does not already hold.
This tender offer will be at the same price of €6.19 per share.
If successful, Merkur intends to pursue a squeeze-out process, compelling minority shareholders to sell their shares, and subsequently delist SFC from Euronext Paris.
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Skillz argues in its court petition that Chapter 15, which governs cross-border insolvency proceedings involving foreign companies operating in the U.S., shouldn’t apply.
“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.
The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.
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Several local businesses signed on to celebrate the rewritten history, including Naked City Pizza, Naked City Audio, and Naked City Sweets.
“The subject is interesting to me because the gap between the sunny, titillating legend and the grim reality of the counter-story are so distant from one another,” Carlson said. “To put it in personal terms, I want to believe the sun-tanning showgirl story, because the alternative is depressing.”
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