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Clifford Chance

Clifford Chance


European M&A: Transatlantic Perspectives on Deal Certainty

29 May 2020

The impact of the Covid-19 pandemic on targets resulted in counterparties analysing whether they were still obliged to complete transactions that had signed or able to renegotiate price.

As financial sponsors and strategic acquirors in Europe considered their options, certain buyers in the U.S. decided to fast-track their thinking and moved to walk away.

We have prepared a briefing which analyses what deal terms may make it easier for counterparties to renegotiate or terminate transactions using U.S. style deal technology as compared to that used in the European market. Our briefing provides an overview of those key elements of the U.S. M&A "toolbox" that (i) could be utilised on European transactions in a post Covid-19 world to account for volatility emerging between signing and completion, or (ii) European investors should consider when transacting on U.S. style deal terms.

Please do contact us if you have any questions or would like to discuss in more detail. 

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