Great writeup. in regards to Section 5, financing and insolvency out, why is the provision below not all that needs to be said?
“Notwithstanding anything contained in this Agreement to the contrary, the Equity Investor, Parent and Acquisition Sub each acknowledge and affirm that it is not a condition to the Closing or to any of its oblig…
Great writeup. in regards to Section 5, financing and insolvency out, why is the provision below not all that needs to be said?
“Notwithstanding anything contained in this Agreement to the contrary, the Equity Investor, Parent and Acquisition Sub each acknowledge and affirm that it is not a condition to the Closing or to any of its obligations under this Agreement that the Equity Investor, Parent, Acquisition Sub and/or any of their respective Affiliates obtain any financing (including the Debt Financing) for any of the transactions contemplated by this Agreement.”
It says in no uncertain terms imo, whatever the rest of the agreement says, financing is not a condition to closing. So, what am I missing that all of these attorneys and legal experts are digging deep into the language on a $1 billion breakup free or an insolvency certificate when the agreement seems crystal clear on the subject? I feel like I must be missing something.
Great writeup. in regards to Section 5, financing and insolvency out, why is the provision below not all that needs to be said?
“Notwithstanding anything contained in this Agreement to the contrary, the Equity Investor, Parent and Acquisition Sub each acknowledge and affirm that it is not a condition to the Closing or to any of its obligations under this Agreement that the Equity Investor, Parent, Acquisition Sub and/or any of their respective Affiliates obtain any financing (including the Debt Financing) for any of the transactions contemplated by this Agreement.”
It says in no uncertain terms imo, whatever the rest of the agreement says, financing is not a condition to closing. So, what am I missing that all of these attorneys and legal experts are digging deep into the language on a $1 billion breakup free or an insolvency certificate when the agreement seems crystal clear on the subject? I feel like I must be missing something.