Financial position and solvency not anchored to unaccepted sale price
In this week’s TGIF, we consider the Court of Appeal’s decision in Anchorage Capital Master Offshore Ltd v Sparkes [2023] NSWCA 88 and the challenges faced by lenders in accepting representations as to solvency and the financial position of borrowers. Key takeaways It is increasingly difficult to satisfy courts that a company is insolvent because … [Read more…]