RE: Lockdown coming18 Dec 2021 22:02
Read through court document and seems a bit biased for cineplex.
Cineplex in essense did everything it could to enable the aquisition to go through, at the expense of part two below to maintain its business and working relations. Their bank loan stayed pretty much level during the first half of 2020 (during a world pandemic.) Do the maths.
Cineworld at fault too for assuming cineplex would breach covenants.
Basically both companies had their own goals - cineworld were trying to survive and cineplex trying to get bought by cineworld at a good price.
The real winners are the lawyers in a case like this.
“121] I first look at the wording of the Operating Covenant. Cineworld’s interpretation ignores
the wording of that clause in its entirety. The covenant has two parts. Both parts apply and neither
is subordinate to the other. The first part requires Cineplex to “conduct its business in the Ordinary
Course and in accordance with Laws.” The second part requires Cineplex to “use commercially
reasonable efforts to maintain and preserve its and its Subsidiaries business organization, assets,
properties, employees, goodwill and business relationships with customers, suppliers, partners and
other Persons with which the Company or any of its Subsidiaries has material business relations.”
Cineworld focuses only on the first part, not the second.”