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Excerpt from Practical Guidance

Expert Analysis

The Evolution Of Specified Reps In Acquisition Finance

Law360, New York (August 20, 2015, 3:14 PM EDT) -- In an acquisition in which third-party debt financing is a component of the capital structure, it is critical to both the buyer and the seller that the debt financing not be an impediment to closing the transaction. As it has become uncommon for acquisition agreements to contain an express "financing out," the buyer party may have more leeway to walk away from the proposed deal if its financing does not come together for closing....

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