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Merkur has agreed to pay an effective price of €6.19 per SFC share for the stake, representing a substantial premium over recent market valuations. 

The premium reflects both the control premium paid to the sellers and Merkur’s valuation for majority ownership.

As Merkur’s acquisition of Casigrangi would grant indirect control over SFC, French regulations require Merkur to launch a simplified mandatory tender offer for the remaining SFC shares it does not already hold. 

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The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.

“The Court should refuse the relief requested by … because it is manifestly contrary to the public policy of the United States based on the Debtors’ well-documented and pervasive bad faith conduct,” the petition said. “The Debtors are using the Israeli Action—a limited action which lacks many of the core characteristics of a collective insolvency proceeding—as a strategic tool to evade responsibility for their deceptive conduct.”

On Aug. 26, Tel Aviv District Court Judge Iris Lushi-Abudi rejected Papaya’s motion to pay down the Skillz judgment over 6.5 years with profits from its continuing operations.