23Jun
M&A Litigation Continued: Simon v. Taubman and Seller Remedies in the Age of COVID-19
Since the start of the COVID-19 pandemic, several buyers in M&A transactions have sought to avoid closing on a transaction alleging that the seller experienced a material adverse effect (MAE) or breached interim operating covenants between signing and closing. A MAE is typically defined in the definitive agreement and can be a heavily negotiated point and interim operating covenants have historically been tied to operating in the ordinary course......
By:
White and Williams LLP
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