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December 9, 2010
This year in MACs
This blog made a bit of a splash a couple of years ago when first were trying to invoke MACs left and right. Of course, the world seemed like it was about to collapse. If that's not a MAC, then what is? In any event, things have been relatively quiet on the MAC front of late. But that's not to say they aren't still important and not heavily negotiated. Nixon Peabody put some associates to work researching MACs in 345 transactions over the past year and now have a report summarizing their findings. You can find it here.
Deal makers seem to be learning the lesson of the financial crisis -- and increasingly including financial crises as exceptions to the MAC definition going forward.
-bjmq
December 9, 2010 in Material Adverse Change Clauses | Permalink
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Comments
Doesn't "change in general conditions affecting the company's industry" swallow just about everything else? Interest rates affect the industry, the economy affects the industry, etc. The only item on the chart that wouldn't be included is the price of the company's stock.
Posted by: foosion | Dec 10, 2010 2:47:29 AM
