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Archive by tag: WeilReturn

A Look at U.S. Sponsor-Backed Going Private Transactions

Welcome to the twelfth survey of sponsor-backed going private transactions prepared by Weil, Gotshal & Manges LLP. We hope that you will find this information thought-provoking and useful. This survey analyzes and summarizes for the reader the...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jul 12,2019 |

“Standard” Versus “Bespoke” Boilerplate—A Distinction That Can Make a Big Difference

It keeps on happening. Contracting parties allow “standard” boilerplate to potentially trump bespoke provisions of their acquisition agreements. This phenomenon is particularly prone to occur with “no third party beneficiary” clauses, classic and...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jul 09,2019 |

Selling Your Portfolio Company Subject to a New York Law Governed Contract—Identifying a Hidden Term Built-In by New York’s Common Law: the Mohawk Doctrine

On July 4, 1776, the thirteen American colonies formally severed their ties to the English throne and parliament. It took a war (which commenced a little over a year earlier) to actually effectuate the severing of those ties. But with the Treaty of...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jun 11,2019 |

Preserving Privileged Communications in the Sale of a Portfolio Company—that Clause in the Back of the Agreement Can Actually Work

In Great Hill Equity Partners IV, LP v. SIG Growth Equity I, LLLP, 80 A.3d 155 (Del. Ch. 2013), the Delaware Court of Chancery held that the privilege existing with respect to communications between the target’s counsel and its officers, directors...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jun 07,2019 |
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