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Corporate

Apr. 5, 2002

Cram-Downs Present Conflict of Interest for Interested Directors

Focus Column - By Robert Haymer, Eric Zabinski and Erin Chrislock - Can a director be sued personally for approving a "cram-down" financing? Possibly, depending on the facts. Current capital market conditions are very difficult. Cash-starved start-ups are struggling to stay afloat in a sober, post-Nasdaq 5,000 era. Those companies fortunate enough to secure new financing often do so at much lower valuations and under terms unthinkable just two years ago.

        Focus Column
        
        By Robert Haymer, Eric Zabinski and Erin Chrislock
        
        Can a director be sued personally for approving a "cram-down" financing? Possibly, depending on the facts.
   ...

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