Financing Conditions: More Than Just Boilerplate

Law360, New York (June 18, 2010, 10:28 AM EDT) -- Last month, we focused on reverse break fees and their growing use by both financial sponsors and strategic buyers to address financing and other closing contingencies. As we noted in our May column, parties often paid relatively little attention to acquisition agreement financing provisions prior to the credit crunch.

This was particularly true when the buyer was a strategic, rather than a financial, buyer. The underlying assumption was that financing would be available one way or another and that the only real issue for the buyer...
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