Reverse Break-Up Fees and Specific Performance: A Survey of Remedies for Financing and Antitrust Failure (2016 Edition)
A study analyzing the remedies available to target companies in public merger agreements for a buyer's failure to close the transaction because of a breach or financing failure. The study covers all 85 merger agreements entered into in 2015 for debt-financed acquisitions of US reporting companies (excluding REITs and debt-only issuers) with an equity value at signing of at least $100 million. The study also analyzes the remedies in 49 public and private deals that had antitrust-triggered reverse break-up fees.
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