Ferolito v. AriZona Beverages USA LLC

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October 14, 2014

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2086 Bottled and Canned Soft Drinks and Carbonated Waters
312111 Soft Drink Manufacturing
judicial dissolution
buyout, comparable companies analysis, discount for lack of marketability (DLOM), discounted cash flow (DCF), synergy, terminal value, comparable transactions method, revenue forecasts, fair value proceeding
Ferolito v. AriZona Beverages USA LLC
2014 N.Y. Misc. LEXIS 4709
US
State Court
New York
Supreme Court
Z. Christopher Mercer, Christopher Stradling (plaintiff); Richard S. Ruback, Shannon Pratt (defendant)
Driscoll

Summary

NY court rejects comparable analyses to value “truly incomparable” beverage company and relies solely on DCF; court says the fact that expressions of interest to buy the company never became bona fide offers indicates liquidity risk and supports 25% DLOM.
Ferolito v. AriZona Beverages USA LLC
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December 2014

NY court rejects comparable analyses to value “truly incomparable” beverage company and relies solely on DCF; court says the fact that expressions of interest to buy the company never became bona fide offers indicates liquidity risk and supports 25% DLOM.