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Sun Capital Decision Threatens Lenders with Controlled Group Liability (PDF)
McGuireWoods LLP, in The Banking Law Journal Link to more items from this source
June 8, 2014
"Earlier this year, Sun Capital was cited by a multiemployer plan seeking to hold a lender jointly and severally liable for the employer's withdrawal liability s a member of the employer's controlled group. Lenders need to be alert to circumstances that may give rise to such potential controlled group claims, which have been brought both by multiemployer pension plans and by the [PBGC].... Lenders should always be wary of loans to companies that sponsor defined benefit pension plans or that contribute to multiemployer plans."

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