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Expert Analysis

Negotiating M&A 'Best Efforts' Now To Avoid Future Litigation

By Shayne Clinton ( April 24, 2019, 1:38 PM EDT) -- Delaware courts have recently issued a series of decisions addressing how to interpret "best efforts" terms and other definitions in merger and acquisition agreements, specifically how subsequent events can impact the meaning of those negotiated provisions. These cases offer helpful guidance to parties on both sides of a transaction when negotiating terms that address contingencies for future obligations and events....

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