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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