March 29, 2016

How M&A Agreements Handle Risks & Challenges of PRC Acquirors

Here’s the intro from this Cleary Gottlieb blog by Ethan Klingsberg and Rob Gruszecki:

Companies based in the People’s Republic of China have committed to over $100 billion of overseas acquisitions since January 1, 2016, including a number of high profile targets in the United States and Europe.[1] The ties of these buyers to governmental entities in the PRC, coupled with the unpredictability of the PRC government, and the challenges that a non-PRC counterparty faces when seeking to enforce contractual obligations and non-PRC judgments in PRC courts has led practitioners to implement an array of innovative provisions in M&A Agreements.