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Expert Analysis

Some Clarity On 'Commercially Reasonable Efforts' In M&A

Law360, New York ( July 6, 2016, 11:14 AM EDT) -- The path from the signing of a merger agreement to the closing of the transaction can be long and labor-intensive, potentially requiring the parties to secure a range of stockholder approvals, antitrust and other regulatory approvals, debt and equity financing arrangements, and third-party consents. In framing these preclosing requirements, M&A practitioners often distinguish between those actions that are wholly within the parties' control, which can be addressed by unqualified commitments to achieve the desired results, and those that are not, which can be addressed instead only by the parties' undertakings to seek the desired results....

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