Walder Wyss successfully represented an international group of investors seeking preliminary injunction before the Commercial Court of Zurich against a “pay-to-play”-financing round
3 luglio 2025 – Walder Wyss successfully protected a group of international investors against an undue dilution of their shareholding in a Swiss venture company by obtaining a preliminary injunction in the context of a contemplated pay-to-play equity financing round. The Commercial Court of Zurich fully agreed with the investors’ arguments and ruled that the structure of the financing round as outlined in the disputed investment documentation (convertible loan agreement and warrant) would violate statutory shareholder rights. Consequently, the court prohibited the company from implementing the dilutive financing round as originally contemplated. Following the preliminary injunction, the parties have reached an out-of-court settlement.
Walder Wyss’ team included Alex Nikitine (Partner, Corporate/M&A), Sophie Püschel-Arnold (Counsel, Litigation), Florian Iten (Associate, Corporate/M&A and Litigation) as well as Mirella Janett (Associate, Litigation).