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HA-LO agreed to purchase for 0 million, of which between million and 0 million would be paid in cash and the rest in HA-LO stock.

The cash was more than HA-LO had in hand, and paying that much would have placed it in violation of several loan covenants.

Finding that the decisions to engage in the securitization and warehouse transactions were made by Oakwood as part of its corporate strategy, the Court went on to consider whether the conduct of Credit Suisse amounted to that of a corporate insider such that the defense of in pari delicto would be unavailable.

The Court rejected the notion that the superior bargaining power held by Credit Suisse due to its knowledge of non-public information and Oakwood’s precarious financial position was sufficient to establish insider status.

In need of advice, HA-LO hired Credit Suisse First Boston (CSFB) (now Credit Suisse Securities) as an investment banker and Ernst & Young as a business consultant.

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June 9, 2008), the United States District Court for the District of Delaware granted summary judgment to a financial services provider facing claims for damages arising out of the provision of securitization and financial advisory services to a modular homes manufacturer in an opinion that is of interest to banks and financial institutions that provide securitization services and to bankruptcy professionals alike.

Of significance to the Court was evidence that, although Credit Suisse gave advice to and structured the transactions for Oakwood, the decisions to enter into such transactions were informed decisions made by Oakwood’s board and management.

HA-LO Industries made and sold "promotional products"—items such as coffee mugs bearing company logos that could be given to employees or used to advertise the firms' businesses.

In the 1990s HLO began to explore ways of making sales through electronic commerce rather than a traditional sales force.

Toward the end of 1999 John Kelley, HA-LO's CEO, decided that the way to enter the world of electronic commerce was to acquire Starbelly.com, Inc., a startup that Kelley believed had a promising e-commerce system—but that was burning through venture capital at million a month, had never made a sale, and thus was a risky proposition.




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