Legal Opinion

In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), Inc

Court of Appeals for the Third Circuit

Decided July 19, 1999No. 98-6151PublishedCited by 95 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Calpine Corporation appeals from the order of the District Court affirming the Bankruptcy Court’s decision not to award it a break-up fee or expenses in connection with its unsuccessful bid to acquire O’Brien Environmental Energy, Inc. (“O’Brien”), the Debtor in a Chapter 11 bankruptcy proceeding. The term “breakup fee” refers to a fee paid by a seller to a prospective purchaser in the event that a contemplated transaction is not consummated. This appears to be the first court of appeals decision to consider the standards that should govern an award…

2Cases cited14 opinions

In Re Mammoth Mart, Inc., Debtor. Stanley Cramer v. Mammoth Mart, Inc.Court of Appeals for the First Circuit · 1976
In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
In Re GucciCourt of Appeals for the Second Circuit · 1997
Official Committee of Subordinated Bondholders v. Integrated Resources, Inc. (In Re Integrated Resources, Inc.)District Court, S.D. New York · 1992
Travelers Insurance Company v. H.K. Porter Company, Inc.Court of Appeals for the Third Circuit · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by95 opinions

Kaiser Aerospace & Electronics Corp. v. Teledyne Industries, Inc.Court of Appeals for the Eleventh Circuit · 2001
In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074Court of Appeals for the Third Circuit · 2000
In Re Energy Future Holdings Corp.Court of Appeals for the Third Circuit · 2018
Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
In Re Philadelphia Newspapers, LLCCourt of Appeals for the Third Circuit · 2012

90 more not listed; retrieve them via the Exa API.