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Performance ratchet is enforceable in China based on recent Supreme Court decision.

Paul Hastings LLP
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China
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May 1 2013

A performance ratchet (also commonly referred to as “valuation adjustment mechanism” or “对赌协议” in Chinese) is a contractual arrangement among an

Fried Frank M&A quarterly - 1st quarter 2013

Fried Frank Harris Shriver & Jacobson LLP
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China, USA
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April 5 2013

In public company sale processes, confidentiality agreements executed by bidders almost universally include "standstill" provisions

Ralls case affirms President’s broad CFIUS authority

Wiley Rein LLP
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China, USA
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March 14 2013

On February 22, 2013, the U.S. District Court for the District of Columbia dismissed all but one claim in a lawsuit filed by Chinese-owned Ralls

U.S. District Judge rules on Ralls Corp challenge to President Obama's divestiture order

Stoel Rives LLP
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China, USA
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February 25 2013

There has been a new development in the effort by Ralls Corporation, a company owned by two Chinese nationals, to challenge President Obama's

Chinese courts rule on value adjustment mechanism impact on PE investments

Clifford Chance LLP
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China
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January 30 2013

Private equity (PE) investors commonly adopt a price or valuation adjustment Mechanism (commonly referred to as VAM) when making growth capital

China’s Supreme Court ruling in Haifu v. Shiheng changes the landscape for value adjustment mechanisms in onshore private equity transactions

Morrison & Foerster LLP
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China
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January 21 2013

The Supreme People's Court of China (the "Supreme Court") rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu

PRC Supreme Court clears path for shareholders' VAM

Kaye Scholer LLP
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China, Hong Kong
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January 21 2013

In the past, international private equity (PE) and venture capital (VC) investors could be nervous about the fate of net profit guarantee and other

The Haifu Case review interpreting the Supreme People’s Court’s retrial judgment and it’s implications for PE investors

King & Wood Mallesons
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China
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December 28 2012

The Haifu Case is the first case in China where a court has denied the validity of an agreement containing a valuation adjustment mechanism ("VAM

General Counsel update - legal guide edition 32

Herbert Smith Freehills LLP
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Australia, China, Hong Kong, Indonesia, Myanmar, Singapore, United Kingdom
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November 29 2012

A summary of major developments in key areas

CFIUS sued by Chinese investors

Sheppard Mullin Richter & Hampton LLP
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China, USA
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September 27 2012

The Committee on Foreign Investment in the United States (CFIUS) has been sued

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Search results

Performance ratchet is enforceable in China based on recent Supreme Court decision.

Fried Frank M&A quarterly - 1st quarter 2013

Ralls case affirms President’s broad CFIUS authority

U.S. District Judge rules on Ralls Corp challenge to President Obama's divestiture order

Chinese courts rule on value adjustment mechanism impact on PE investments

China’s Supreme Court ruling in Haifu v. Shiheng changes the landscape for value adjustment mechanisms in onshore private equity transactions

PRC Supreme Court clears path for shareholders' VAM

The Haifu Case review interpreting the Supreme People’s Court’s retrial judgment and it’s implications for PE investors

General Counsel update - legal guide edition 32

CFIUS sued by Chinese investors

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