Mergers & Acquisitions,
Corporate
May 19, 2020
The ‘efforts’ clause loophole
You’ve recently closed a merger, representing the seller in a deal that netted your client — and you — a good bit of cash. And you clink glasses a second time because there is, potentially, much more coming: In addition to the up-front payment your client received for the sale of the company, your client could receive a hefty sum in the future if the buyer achieves certain milestones.
You've recently closed a merger, representing the seller in a deal that netted your client -- and you -- a good bit of cash. And you clink glasses a second time because there is, potentially, much more coming: In addition to the up-front payment your client received for the sale of the company, your client could receive a hefty sum in the future if the buyer achieves certain milestones. You like your chances: not only does the buyer have a direct interest in making en...
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