Embracing The Go-­Shop

Law360, New York (April 14, 2010, 10:14 AM EDT) -- In advising potential buyers of U.S. public companies, one aspect of public deals raises greater concerns on the part of the buyer's CEO than any other: You cannot lock-up the deal.

Even with an agreed deal, a competitor may jump into the fray, top your price and walk off with your betrothed. If that happens, and the acquisition is a crucial element of your company’s strategic plan, the markets may not overlook your jilted suitor status and might even ask whether your strategy is achievable or...
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