03 Aug 2021
Risky Business: Negotiate Antitrust Risk-Shifting Provisions
To draft risk-shifting provisions, antitrust counsel must understand the antitrust risk profile of a transaction and have facility with a wide variety of clauses. Our resource kit will guide you through drafting, reviewing, and negotiating these provisions.
READ NOW: Antitrust Clauses in M&A Agreements Resource Kit​
Related Content
- Risk Shifting Covenant (Capped Divestiture Obligation)
See how a capped divestiture provision is often a good compromise between a seller who wants to pass some risk to the buyer and a buyer who wants to cap their antitrust divestitures.
- Reverse Break-up Fee and Termination Clause
Read about reverse break-up fees, which give the buyer incentive to close a transaction and, in the event it is triggered, gives the seller some compensation for a broken deal.
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