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Expert Analysis

Weighing Stock Options In M&A Transactions

Law360, New York (June 22, 2011, 5:31 PM EDT) -- A principal issue in merger and acquisition transactions is whether, and to what extent, outstanding options will survive the completion of the transaction and whether and when the vesting of options will be accelerated. It is critical for a properly drafted equity incentive plan to include clear, unambiguous provisions for the treatment of outstanding awards in connection with these types of transactions, which include a company's consolidation with or acquisition by another entity in a merger or consolidation, or a sale of all or substantially all of a company's assets (hereinafter referred to as a "Corporate Transaction")....

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