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September 14, 2009

Time to Rethink M&A?

"It's high time we stand back and completely revamp the basic terms of M&A papers, eliminating the boilerplate that is never relevant in the real world and advancing concepts that actually work when markets turn or expectations change. The technology for this -- reverse breakup fees, ticking fees, deposits and the like -- has been around for a while, but it is not used nearly as much as it should be or nearly as effectively as it could be."   So says Robert Profusek over at The Deal.

-bjmq

September 14, 2009 in Merger Agreements | Permalink

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