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Bennett Jones LLP

"Best Efforts" Clauses—B.C. Court of Appeal on the Consequences of Failing to Fulfill a Condition Precedent

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A recent decision of the British Columbia Court of Appeal, Sutter Hill Management Corporation v Mpire Capital Corporation [Sutter Hill], 2022 BCCA 13, offers an illustration of the potentially harsh consequences that can...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Affirms Akorn

Skadden, Arps, Slate, Meagher & Flom LLP on

On December 7, 2018, the Delaware Supreme Court affirmed the Court of Chancery's decision in Akorn, Inc. v. Fresenius Kabi AG , C.A. No. 2018-0300-JTL, which upheld, for the first time under Delaware law, the ability of a...more

Jackson Walker

Key Texas M&A Issues (Presentation)

Jackson Walker on

Agenda - Letters of Intent - Best Efforts - Indemnification - Sandbagging - Non-Reliance - Fiduciary Duties - Letters of Intent: • Buyer may seek letter of intent that is generally not binding on either party...more

Latham & Watkins LLP

The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Best Efforts

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Latham & Watkins partner David Walker explains the M&A term best efforts, a common provision in an acquisition agreement that describes how hard a party needs to work to make good on its commitments. For additional...more

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