A recent case, “Central States,” was the first meaningful litigation test of ESOP releveraging transactions. The findings from the case provide guidance on a process for executing this type of transaction. The panel, Alex Grasser, Alex Perry and Michael Pasahow, will explore the different reasons why a company or trustee may want to consider releveraging, the different approaches they might take and a view of the appropriate diligence process in the context of the findings from Shipp et al v. Central States Manufacturing. The panel will also provide insights from their real-world observations of releveraging transactions.
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