LLC Forced Buy-Out Pits Fair Value Against Fair Market Value Against Power to Amend Operating Agreement
Farrel Fritz
DECEMBER 5, 2022
The Repurchase Option uses a formula-based Repurchase Price based on a market-derived multiple of 8X EBITDA and other adjustments, less a 20% minority interest discount a/k/a discount for lack of control (DLOC) and a 20% discount for lack of marketability (DLOM). The Lower Court Grants Summary Judgment in Care One’s Favor.
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