Delaware Resurrects Material Adverse Effect Clause
Date: 12/07/18
In this column in The Deal, Cahill partner Helene Banks describes a recent and ground-breaking Delaware court ruling on the Material Adverse Effect clause, commonly found in M&A agreements. While the court's decision was narrow, the partners recommend how, in light of the ruling, dealmakers should reassess their approach to MAEs and conditions to closing more broadly.
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