The M&A Lawyer

SEPTEMBER 23, 2015

Interestingly, while M&A lawyers often get fairly animated in negotiating whether to include the word “prospects” in the MAE definition, they do not similarly struggle with inclusion of the “could reasonably be expected to have” language, which should be viewed by a court as having the same effect. 2d 14 (Del.

M&A 130

M&A Mergers and Acquisitions Negotiation IT 130

The Deal

MAY 18, 2023

“There was a need for a young lawyer willing and able to be on the ground in Kosovo and negotiate with the parties,” Jon Levitsky said on the podcast, and he became the deal lawyer on the Kosovo peace process. “I I was parachuted in to support” the senior diplomats who were leading the negotiations.

Negotiation 52

Negotiation Private Equity M&A Equities 52

The M&A Lawyer

AUGUST 25, 2015

Most private M&A transactions are structured as acquisitions of stock , rather than mergers or asset purchases. Some, such as “Liabilities,” “Material Adverse Effect” or “Seller’s Knowledge” (or their equivalents) are used throughout the contract and may be the subject of extensive negotiations.

Stock 130

Stock M&A Government Mergers and Acquisitions 130

Cooley M&A

OCTOBER 29, 2018

M&A practitioners have long advised boards of directors that the Delaware courts have never found that the events or circumstances in a particular transaction met the contractual standard of having a material adverse effect (or MAE) as defined in a merger or acquisition agreement. The Merger Agreement. Fresenius Kabi AG , C.A.

Mergers and Acquisitions 52

Mergers and Acquisitions Mergers Business Pharmaceutical 52