In the first case following Akorn v. Fresenius to rule on a party’s entitlement to terminate a merger agreement on the basis of a material adverse effect (MAE), the Delaware Court of Chancery ordered Boston Scientific...more
12/24/2019
/ Acquisitions ,
Breach of Contract ,
Contract Termination ,
Due Diligence ,
Food and Drug Administration (FDA) ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Pharmaceutical Industry ,
Popular ,
Remedies
On October 1, in Akorn v. Fresenius Kabi, the Delaware Court of Chancery for the first time found that a material adverse effect — or MAE — had occurred in a merger transaction, which, combined with other breaches of the...more
10/25/2018
/ Acquisitions ,
Breach of Contract ,
Buyers ,
Confidentiality Agreements ,
Contract Negotiations ,
Contract Termination ,
Contract Terms ,
Food and Drug Administration (FDA) ,
Hell or High Water Clauses ,
Material Adverse Effects ,
Merger Agreements ,
Mergers ,
Ordinary Course of Business Defense ,
Pharmaceutical Industry ,
Representations and Warranties ,
Sandbagging ,
Sellers