Newsletter - Put options and the leonine pact prohibition: a recent judgment of the Italian Supreme Court

Our Private Equity Business Unit has developed a Newsletter dedicated to the subject “Put options and the leonine pact prohibition: a recent judgment of the Italian Supreme Court”.

After years of debates by the Italian scholars and the case law, the Italian Supreme Court has finally ruled that “participating shareholders’ loans” (which include a variety of contractual arrangements) and, above all, put options at a fixed or predetermined strike price (generally equal to the amount invested by a shareholder plus a certain IRR minus distributions received) are valid and enforceable.

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