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There is perhaps no legal concept that is more prevalent in mergers and acquisition deals than that of "material adverse effect," which companies often address with MAE closing conditions. These generally provide that if, between signing of an agreement and closing of the transaction, one party suffers an MAE, the other party is not obligated to close the transaction. In practice, however, a party seeking to rely on an MAE closing condition has meaningful burdens, especially concerning an identified risk.
November 11, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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