Purchase Agreement: Hell or High Water Clause | Practical Law

Purchase Agreement: Hell or High Water Clause | Practical Law

A Standard Clause that may be used in a purchase or merger agreement when a seller or target company wishes the buyer to take on all of the antitrust risk in a transaction, known as a hell or high water (HOHW) provision, including making any divestitures required to close the transaction and litigating any antitrust challenges. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips.

Purchase Agreement: Hell or High Water Clause

Practical Law Standard Clauses 5-520-5640 (Approx. 11 pages)

Purchase Agreement: Hell or High Water Clause

by Practical Law Antitrust
MaintainedUSA (National/Federal)
A Standard Clause that may be used in a purchase or merger agreement when a seller or target company wishes the buyer to take on all of the antitrust risk in a transaction, known as a hell or high water (HOHW) provision, including making any divestitures required to close the transaction and litigating any antitrust challenges. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips.