"MAC Clauses: All the Rage"
Thursday, February 21, 2008
3:00 - 3:45 pm, eastern [archive and transcript to follow]
With the credit crunch taking the air out of a number of pending deals, acquirors are pulling the plug – and targets are filing lawsuits. In particular, “material adverse change” provisions are under more scrutiny than ever, causing some deal practices to change. These changing practices not only impact how lawyers negotiate deals, but they entail wide-ranging ramifications for dealmakers.
Join these experts:
- Steven Davidoff, Professor, Wayne State Law School
- John Grossbauer, Partner, Potter Anderson & Corroon LLP
- Travis Laster, Partner, Abrams & Laster LLP
- Patrick Lord, Senior Associate, Dechert LLP
- Derek Winokur, Partner, Dechert LLP
Among the topics of this program are:
- What types of MAC clauses are at issue in the courts today? What impact will these pending suits have on merger agreement drafting practices?
- What does existing caselaw say about when MAC clauses are triggered?
- What negotiating postures should be taken on MAC clauses? What are non-starters versus those are "nice to have"?
- How has the current rash of assertions of MAC affected the drafting of merger agreements generally?
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