This article is part of Fenwick's "Buy-Side M&A Playbook" series, published as part of the Silicon Valley Defense Group's Industry Collaboration Toolkit....more
5/21/2025
/ Acquisition Agreements ,
Acquisitions ,
Aerospace ,
Contract Terms ,
Defense Sector ,
Due Diligence ,
Federal Contractors ,
Merger Agreements ,
Mergers ,
Regulatory Requirements ,
Term Sheets
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