RE: New opinion piece on damages award22 Feb 2022 13:51
Interesting article HNS and written by practitioners in the field.
It left me thinking that there are actually 3 prongs on which CINE can fight the appeal.
1. Firstly that it is wrong to attribute synergies to the seller, when actually it would be the buyer that realised these. that is the most obvious one. How can you benefit as a seller, if you don't have the infrastructure to merge with to create the savings.
2. Secondly it is hard to argue that actually Cineplex would be the recipient in any case as if I remember correctly from the trial, there was a Canadian holding company set up with the plan to bring Cineplex under that umbrella when the deal was complete. So would it not be the holding company that benefited?
3. Lastly it points out that Judge Conway failed to deduct the Cineplex debt from the calculation. Cineworld executives at trial had quite clearly stated that some $600M to $800M of debt was being switched on completion to the new entity. A significant reduction if deemed to be the case.