Similarly, there may be a question whether a material adverse event has occurred, and/or have triggered termination rights under the ISDA's 1992 and 2002 Master Agreements or other comparable documents, if the party or its credit support provider merges or amalgamates with another party under circumstances where the creditworthiness of the merged vs pre-merger body is arguable.
In the words of Attorney General Cuomo himself:
Immediately after learning on December 14, 2008 of what Lewis described as the “staggering amount of deterioration” at Merrill Lynch, Lewis conferred with counsel to determine if Bank of America had grounds to rescind the merger agreement by using a clause that allowed Bank of America to exit the deal if a material adverse event (“MAC”) occurred.
Any such forward-looking statements contained herein are based on current expectations, but these forward-looking statements inherently involve certain risks and uncertainties that may cause actual results to differ materially from expectations such as material adverse events affecting IAN and those other risks and uncertainties that are detailed in the IAN's Prospectus and other filings with the SEC.
As news of these developments is prominently covered by the press, an M&A lawyer not involved in the deal is quoted as saying, "If there was ever a real-world example of a material adverse event, this may be it.
Any such forward-looking statements contained herein are based on current expectations, but these forward-looking statements inherently involve certain risks and uncertainties that may cause actual results to differ materially from expectations such as material adverse events affecting IAN and Patriot, the ability of IAN to complete a business combination and those other risks and uncertainties that are detailed in the IAN's Prospectus and other filings with the SEC.
The Aristos transaction is expected to add approximately $7 million USD to revenues, with approximately 20 percent of that to EBITDA for the remainder of the 2009 calendar year, subject to business as usual and no unforeseen material adverse events or incidences arising.
Any such forward-looking statements contained herein are based on current expectations, but these forward-looking statements inherently involve certain risks and uncertainties that may cause actual results to differ materially from expectations such as material adverse events affecting the Company, the ability of the Company to complete a business combination and those other risks and uncertainties that are detailed in the Company's Prospectus and other filings with the Securities and Exchange Commission.
Any such forward-looking statements contained herein are based on current expectations, but are subject to a number of risks and uncertainties that may cause actual results to differ materially from expectations such as material adverse events affecting the company, the ability of the company to satisfy the conditions to completion of the business combination and those other risks and uncertainties detailed in the company's filings with the Securities and Exchange Commission.
