The outcome of litigation attacking a leveraged buyout as a fraudulent transfer will generally turn on the financial condition of the target at the time of the transaction — that is, whether the risk of failure was substantial and known at the time of the LBO, or whether subsequent unforeseeable events led to the failure.

A management buyout can also be attractive for the seller as he can be assured that the future stand-alone company will have a dedicated management team thus providing a substantial downside risk against failure and hence negative press.

As a result the firm competed for the leveraged buyout of RJR Nabisco and the leveraged buyout of Revco stores ( which ended in failure ).

Actually the Atlanta campaign was a military failure.

It is difficult to say what Thompson expected would come of their relationship, which had begun so soon after his emotions had been stirred by Maggie Brien, but when Katie wrote on April 11, 1900, to tell him that she was to be married to the Rev. Godfrey Burr, the vicar of Rushall in Staffordshire, the news evidently helped to deepen his discouragement over the failure of his hopes for a new volume of verse.

The failure of Greece to reach the imperial destiny that Periclean Athens had seemed to promise was almost directly attributable to her physical conformation.

A credulousness, a distaste for documentation, an uncritical reliance on contemporary accounts, and a proneness to assume a theory as true before adequate proof was provided were all evidences of his failure to comprehend the use of the scientific method or to evaluate the responsibilities of the historian to his reading public.

She was resentful of his easy success as compared with Shelley's failure.

Upon return of the file to the local board, petitioner was again ordered to report for induction and this prosecution followed his failure to do so.

This saleslady was a failure in the dress department and was transferred to the shoe department.

If it failed on occasion to elect its candidates for general state offices by majorities, the failure was due to a lingering remnant of the Know-Nothing party, which called itself the American Republican party.

It was found that the coating is separated from its substrate entirely by cohesive failure.

This was the bitter end, and Hudson seemed to know he was destined to failure.

It seemed to me that my life was destined to be one brilliant failure after another.

( Still another song in `` Strike Up The Band '' -- `` I've Got A Crush On You '' -- was retrieved from a 1928 failure, `` Treasure Girl ''.

If one of Mr. Rodgers' melodies seemed to deserve a better fate than interment in Boston or the obscurity of a Broadway failure, Mr. Hart was likely to deck it out with new lyrics to give it a second chance in another show.

If this was in fact Mr. Remarque's intention he has achieved a notable failure.

He believes that greatness is a marriage between the man and the times as was aptly represented by Churchill, who would very possibly have gone down in history as a political failure if it had not been for Hitler's war.

His recent experience in motor car advertising, a love for cars of themselves, the existence of A-Z's useless Wisconsin set-up, exposure to exciting conceptions of Hamrick's that nobody would buy, and the coincidental recent failure of a respected but out-dated small-car manufacturer called Ticonderoga Motors had given him an idea of such dimensions he was almost afraid to broach it.

The Lincolns ' fourth son, Thomas " Tad " Lincoln, was born on April 4, 1853, and died of heart failure at the age of 18 on July 16, 1871.

" The failure of the Peace Conference of 1861 signaled that legislative compromise was implausible.

William Tecumseh Sherman talked to Lincoln during inauguration week and was " sadly disappointed " at his failure to realize that " the country was sleeping on a volcano " and that the South was preparing for war.

Despite his dissatisfaction with McClellan's failure to reinforce Pope, Lincoln was desperate, and restored him to command of all forces around Washington, to the dismay of all in his cabinet but Seward.

Meade's failure to capture Lee's army as it retreated from Gettysburg, and the continued passivity of the Army of the Potomac, persuaded Lincoln that a change in command was needed.

Even in the nineteenth century such accomplished philologists as Kemble and Guest were led into what now seem ludicrous errors because of their failure to recognize that modern forms of place names are not necessarily the result of logical philological development.

For an experiment to qualify as a binomial experiment, it must have four properties: ( 1 ) there must be a fixed number of trials, ( 2 ) each trial must result in a `` success '' or a `` failure '' ( a binomial trial ), ( 3 ) all trials must have identical probabilities of success, ( 4 ) the trials must be independent of each other.

Only confusion, failure and anarchy result when the effort is made to impose upon the civil authority the impossible task of policing private homes to preclude the possibility of sin.

The failure to formally object at the time, to what one views as improper action in the lower court, may result in the affirmance of the lower court's judgment on the grounds that one did not " preserve the issue for appeal " by objecting.

As a result of this failure, they develop wretched self-images, which can lead to depression.

This can result in symptoms that include anxiety, life threatening seizures, delirium tremens, hallucinations, shakes and possible heart failure.

Though some explain Housman's unexpected failure in his final exams as a result of Jackson's rejection, most biographers adduce a variety of reasons, indifference to philosophy, overconfidence in his praeternatural gifts, a contempt for inexact learning, and enjoyment of idling away his time with Jackson, conjoined with news of his father's desperate illness as the more immediate and germane causes.

There is almost always a primary lesion elsewhere in the body that must be sought assiduously, because failure to treat the primary lesion will result in relapse.

The final tragedy described in Kings is the result of Israel's failure to uphold its part of the covenant: faithfulness to Yahweh brings success, economic, military and political, but unfaithfulness brings defeat and oppression.

The filmmaker was hurt by this failure — he had long wanted to produce a dramatic film and was proud of the result — and withdrew A Woman of Paris from circulation as soon as he could.

Failure to move sufficient blood can result in failure in other organs and may result in death if severe.

This narrowness of definition has caused some debate over the years, and its result, the exclusion of Hebridean sites from most major syntheses, can be seen as a shortcoming which, due to superficial typologies, results in the failure to unite these sites, whose inhabitants shared the common habit of living on water.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

Following their defeat to Ireland, the Pakistani coach Bob Woolmer was found dead in his hotel room ; it was later found out that he died of heart failure, though his death may not have been a direct result of the match's outcome.

Insolvency may result in a form of corporate failure, when creditors force the liquidation and dissolution of the corporation under court order, but it most often results in a restructuring of corporate holdings.

As a result, the growth was accompanied by growing pains: project failure was common, and the field of computer science was still in its early years, and the ambitions for project scale and complexity exceeded the market capability to deliver adequate products within a planned budget.

Despite its relatively recent approval by the Food and Drug Administration and the guideline recommendations, digoxin use is decreasing in patients with heart failure, likely the result of several factors.

Digoxin has not been promoted by the pharmaceutical industry and has received little attention at national and international meetings, possibly the result of the development and promotion of other, newly patented therapies for heart failure.

All disasters are hence the result of human failure to introduce appropriate disaster management measures.

Husserl pointed out that the failure of anti-psychologists to defeat psychologism was a result of being unable to distinguish between the foundational, theoretical side of logic, and the applied, practical side.

Whether the marketplace should be or is free is disputed ; many assert that government intervention is necessary to remedy market failure that is held to be an inevitable result of absolute adherence to free market principles.

In the extreme, an overloaded round, blocked barrel, poor design and / or severely weakened breech can result in an explosive failure of the receiver, barrel, or other parts of the firearm ( a " kaBoom " or " kB ").

The character's player then rolls percentile dice ; the result is compared to appropriate column, determining a degree of success or failure and eliminating the need for second result roll ( e. g. the damage roll that many games require after a successful combat action ).