Tag archives: deal protection

A no-shop provision can be a buyer’s best friend, while exceptions may be the target’s best friend

By Troy Ungerman (Toronto) on September 5, 2019 Posted in Governance and directors' liability, M&A

Deal protections are an important aspect of M&A transactions. Buyers will typically negotiate with the target of the transaction to include all kinds of deal protections mechanisms, including no-shop provisions, matching rights, and break fees payable to the buyer. No-shop provisions in particular restrict the ability of the target board to solicit alternative proposals (including … Continue reading

Deal protection measures: force-the-vote provisions

By nrfdigitalteam on September 20, 2016 Posted in M&A

Negotiating an acquisition can be an intensive process for both buyers and sellers. For both parties, deal certainty is important when the right transaction is on the table. However for the target, the key is striking the appropriate balance between achieving deal certainty and ensuring that its board of directors maintains the ability properly discharge … Continue reading