Deal Consummation Risk in M&A Transactions
Negotiating MAC Clauses, Financing Contingencies, Reverse Termination Fees and Specific Performance
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide counsel to buyers and sellers with best practices for negotiating and structuring deal consummation risk provisions and discuss current trends in the use of these provisions in M&A.
- Current trends in use of deal consummation risk provisions and recent transactions
- Best practices for negotiating provisions – buyer and seller perspective
- MAC clauses
- Financing contingencies
- Reverse-termination fees
- Specific performance
The panel will review these and other key questions:
- What deal consummation risk provisions are most often being included in merger agreements in the current deal environment?
- How can counsel for buyers and sellers best mitigate risk when drafting and negotiating deal consummation risk provisions?
- What are the most commonly disputed issues arising from the use of deal consummation risk provisions and what are some effective strategies for resolving them?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
James L. Kelly
Pillsbury Winthrop Shaw Pittman
He has closed over (i) several billion in acquisitions, investments and sales for both large-cap and middle-market... | Read More
He has closed over (i) several billion in acquisitions, investments and sales for both large-cap and middle-market sponsors, (ii) several hundred million in co-investments and divestitures in connection with over $100 billion of acquisitions, investments and sales for financial institutions and (iii) several billion in strategic company transactions. He leads the firm’s Leveraged Buyout Team.Close
Wachtell Lipton Rosen & Katz
Mr. Kirman focuses primarily on mergers and acquisitions, corporate governance, and general corporate and... | Read More
Mr. Kirman focuses primarily on mergers and acquisitions, corporate governance, and general corporate and securities law matters. He has advised public and private companies, as well as private equity funds, in connection with mergers and acquisitions, divestitures, leveraged buyouts, joint ventures, cross-border deals, financing transactions, takeover defenses and corporate governance matters.Close