How are dealmakers allocating risk of financing failure in M&A deals?

In this comprehensive study, our team of attorneys examined the reverse break-up fees and specific performance provisions in 68 public company merger agreements for debt-financed deals from 2012 with a signing value of at least $100 million.

Get data-driven analysis of the latest trends in public deal remedies, including:

  • How deal size and buyer type impact the choice of remedy.
  • Reverse break-up fee sizes as a percentage of deal value.
  • Approaches to drafting equitable and monetary remedies among strategic and financial buyers.
  • Drafting formulations for financing covenants and their connection to the form of specific performance remedy.
  • Which "Xerox provisions" are lenders most commonly insisting on, and more.

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