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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.

DelawareResurrectsMaterialAdverseEffectClause (1).pdf (pdf | 392.03 KB )