An Overview Of The Uptick In Ticking Fees

Law360, New York (October 21, 2013, 2:42 PM EDT) -- In any transaction facing a meaningful delay between signing and closing, dealmakers on both sides of the table spend a considerable amount of time thinking about allocating the various risks resulting from that delay (e.g., regulatory, business and financing). Most of the discussion centers on “deal certainty,” with sellers focused on contract provisions that force buyers to move quickly through transaction hurdles and obligate them to close despite potentially changed circumstances or unfavorable regulatory demands.

In a prior article that focused on the allocation of antitrust...
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