A Guide To Obtaining Regulatory Approvals In Private M&A

Law360, New York (August 13, 2013, 2:25 PM EDT) -- Private mergers and acquisitions are generally less regulated than their public counterparts. However, regulatory approvals and filings should still be an important consideration early in the negotiation process to prevent any delay in the closing of the transaction.

If it is determined that specific regulatory approval is potentially required, the acquisition agreement will typically include one or more of the following provisions:

(1) a representation and warranty by the seller that it is not in violation of applicable regulation(s),

(2) a covenant that the seller will...
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