Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.

The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.

The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within the past years. Strategic and financial investors have and continue to utilize these circumstances to acquire interesting distressed companies for comparatively moderate purchase prices.

In order to benefit from these circumstances, investors need to understand how to avoid or minimize the risks of liability related to such acquisitions.