
Earn-out clauses
16 August 2021
Relevance of business continuation for the purposes of qualifying or not qualifying the liquidation nature of the composition
24 August 2021The Court of Milan, with the decree of approval pursuant to ex art. 182 bis of the Finance Law of 22/07/2021, ruled that, with reference to the payment of creditors who have not accepted the terms provided for by art. 182 bis of the Finance Law, should the certifier’s report be detailed and thorough, such report must be considered satisfactory with the certification that, considering the amount of loans and credit lines against invoices issued granted by the lending institutions on the basis of the plan, and considering the cash flows expected from the plan itself, the company will have the resources to regularly meet the payments in compliance with the terms provided for by art. 182 bis, paragraph I, of the Finance Law, since not all the amounts must be promptly available at the date of the appeal.