The Italian Court has established the lawfulness of a pact between two partners of a public limited company (S.p.A.), which gave one of them, in a financing occasion, the possibility to exercise put option within a period, and the obligation, to the other one, to purchase the shareholdings at a specific price, so as to avoid the negative consequences of the contribution in to the company.
This kind of deal does not conflict with the ban on “patto leonino” as a result of the fact that the deal was concluded between two partners, not between a partner and the Company, this last non effected by the pact.
