Antitrust Risk Breathes New Life Into Burger King Structure

Law360, New York (August 9, 2013, 2:08 PM EDT) -- The “Burger King” structure, the tender offer fallback fix named after the 2010 deal that first used it, is about to become obsolete, at least in Delaware, where a new law has closed the gap it was intended to fill.

But it may have found new life as a tool to handle sharp-eyed regulators.

Lawyers at Dechert LLP and Latham & Watkins LLP repurposed the structure in a recent deal for Buckeye Technologies Inc. — a touch of creative dealmaking that ended up coming in handy...
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