Law360, New York (November 08, 2011, 5:03 PM ET) -- In September 2008, Jane Ross was helping networking giant Brocade Communications Systems Inc. acquire Foundry Networks Inc. when the economic crisis hit. The deal, which hinged on a $1.1 billion loan from Bank of America, seemed threatened as uncertainty rocked the financial system.
But the merger held, largely thanks to a single provision negotiated by Ross and Rick Climan — who at the time were mergers and acquisitions partners at Cooley LLP — that would let Brocade back out if it lost its financing. The loan came...