Search Results for: FAILURE TO MEET OBLIGATIONS

insolvency

insolvency, n. 1. The condition of being unable to pay debts as they fall due or in the usual course of business. 2. The inability to pay debts as they mature. — Also termed failure to meet obligations; failing circumstances. See BANKRUPTCY(2). Cf. SOLVENCY. balance-sheet insolvency. Insolvency created when the debtor’s liabilities exceed its assets.

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failing company doctrine

failing-company doctrine. Antitrust. The rule that allows an otherwise proscribed merger or acquisition between competitors when one is bankrupt or near failure. 15 USCA §§ 12–27. — Also termed failing-firm defense. [Cases: Monopolies 20(1). C.J.S. Monopolies §§ 106–111, 115–116, 125.] “The 1992 guidelines provide a limited defense for failing firms and failing divisions of firms.

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