FEDERALDistrict Court, S.D. New York
1995

MFS/Sun Life Trust-High Yield Series v. Van Dusen Airport Services. Co.

910 F. Supp. 913District Court, S.D. New York • Decided 1995Enforced
FLAGSHIPBroad IndemnificationCited 115 times

HOLDING

A company (Van Dusen Airport Services) was purchased using a leveraged buyout in 1988, where the company's own assets were used to finance the deal. Creditors who held notes sued, claiming the buyout was fraudulent and left the company unable to pay debts. The court ruled the buyout was valid because the company received reasonably equivalent value and wasn't rendered insolvent by the transaction. This matters to subcontractors because it clarifies when asset-based financing deals are protected from creditor challenges.

KEY FINDINGS

Broad Indemnification

Leveraged buyouts are legally valid if the purchased company receives fair market value and remains solvent after the transaction

FULL COURT OPINION