McArtor v. Valsoft Corporation — 10th Cir. (Sep 16, 2026)
The Tenth Circuit hears two consolidated appeals over Valsoft and Aspire's purchase of Nexera, a software company founded by Weston McArtor. The sale agreement gave McArtor's company, BEI Services, a chance at additional payments if Nexera met revenue targets after the acquisition. The sellers sued, alleging that post-sale price increases and personnel changes hurt Nexera and cost them those payments. The lawsuit reached a Wyoming federal court, and the buyers have appealed in these two dockets. This argument asks how the contract's material-adverse-effect clause applies to Nexera's annual recurring revenue, and whether the evidence linked the buyers' actions to the missed target.
McArtor v. Valsoft Corporation (No. 25-8068) — U.S. Court of Appeals for the Tenth Circuit, argued September 16, 2026.
- 0:00Introduction