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A Lender's Primer on Leveraged ESOPs and Recent Litigation (PDF)
Mayer Brown Link to more items from this source
Oct. 11, 2017
"A prudent lender should ensure that the ESOP trustee has independently performed due diligence on the target corporation; negotiated a robust and arm's-length transaction with the selling shareholder (including the inclusion of standard indemnities and other relevant provisions in the acquisition documents that sufficiently protect the ESOP, as purchaser, and the company as it continues operations post- acquisition); and otherwise fulfilled its fiduciary duties to the ESOP."

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