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February 22, 2011
Once more into the MAC breach!
Once more unto the MAC breach, dear friends, once more;
Or close the wall up with our dead deals. With apologies to Shakespeare.
So Frontier and Holly have - nearly seven years later decided to try again - announcing a merger of equals today. The last time these two tried a merger, they ended up in court with Holly calling MAC, I mean MAE, and Frontier arguing that Holly had repudiated the deal. ( Download Frontier v Holly) As a result of that case, Delaware adopted the MAC standard in IBP v Tyson (a case heard in Delaware, but involving NY law). Here's hoping that things go better this time around.
-bjmq
February 22, 2011 in Material Adverse Change Clauses | Permalink
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