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Cross-Class Cram Down in UK Restructuring Plans: Virgin Active | Weil, Gotshal & Manges LLP

Mr Justice Snowden’s recent judgment sanctioning the Virgin Active restructuring plans is significant for several reasons. Not only is it the first judgment to consider the cram down.

American Express loses bid to toss out lawsuit claiming it copied Spanish startup s flight booking software

Keen on licensing ARPO to Amex, Trappit met company reps in 2014 after emailing them a mutual non-disclosure agreement (NDA). Amex wanted the NDA governed by English law while Spain-based Trappit wanted it governed by Spain’s courts. The document they eventually signed included this clause: 14. Assignment. Neither party may assign or otherwise transfer this Agreement, or any of its rights and obligations hereunder, to any third party without the consent of the other party. Around the same time as Trappit and Amex met, the latter was splitting its Global Business Travel division off into a separate company called GBT Travel UK Ltd. A GBT rep told Trappit that Amex wasn’t interested in licensing ARPO and the potential deal fell through.

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