| Commentary

123.3 Terms and conditions for the share purchase

| Commentary

123.3 Terms and conditions for the share purchase

The court will usually take a realistic view about the potential problems facing the majority in financing a share purchase and may, in setting the terms and conditions for the purchase, provide that the petitioner should be paid by instalments1, and include an escape clause to deal with the situation where the respondents are unable to raise the necessary finance2. Such a provision is likely to be in the interests of all parties, as the only alternative to a successful buy-out of the petitioner is the winding-up of

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