Best Efforts Clauses

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Inside M&A - Summer 2014

“Commercially Reasonable Efforts” Diligence Obligations in Life Science M&A" - More than 80 percent of all deals in the pharmaceutical, medical device and biotech industries include an earnout structure that provides...more

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

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

Best Efforts or Reasonable Efforts? — How Legal Efforts Standards Can Affect You

It’s very popular for people to talk about giving “110%” these days. Suddenly, giving 100% effort seems like slacking. And what about just partial attempts, like 75%? Although they are contract provisions that are often...more

How Much "Effort" is Enough???

Best Efforts…Reasonable Best Efforts… Diligent Efforts….Good Faith Efforts….Commercially Reasonable Efforts….terms we have all seen in contracts and other agreements used to establish standards of performance for situations...more

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