Upstream-Sicherheiten und Merger Buy-out

Literature and jurisprudence have always been in dispute with the classification of upstream securitys and mergers in terms of the command of preservation of capital. These operations also become virulent, particularly in the context of acquisition-financing using an acquisitionvehicle. The author takes on the task of putting present dogmatics to the test and striving for a comprehensive law assessment in terms of the preservation of capital of an acquisition process. Particular attention is paid on identifying any liability-risks for investors.