Session Presenters

Scott Brown
Larry Spaccasi

Breakout IV: Addressing Deal Certainty in Uncertain Times

This session focuses on the current regulatory climate with regard to M&A with an emphasis on changing regulatory standards for approval of transactions, hot button issues and potential regulatory threats to the successful and timely completion of a transaction. We also discuss the growing trend of non-traditional buyers (such as credit unions and investor groups) and the unique regulatory and diligence issues they raise. The session also provides examples of merger agreement provisions that can (and should) be considered when engaging with these non-traditional purchasers to better protect the seller. With the increased regulatory scrutiny of merger transactions, we also discuss ways to optimize the diligence process, including how to balance a party’s need to ascertain an entity’s regulatory standing while continuing to fulfill its obligations about the treatment of confidential supervisory information.

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Session Resources

  • Addressing Deal Certainty in Uncertain Times