We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on their implications. Summaries feature below, and you can click where indicated to access more detailed analysis.
Contractual provisions -
A number of cases have looked at common contractual provisions in M&A deals.
Novation of SHA by conduct despite “no dealings” clause -
The High Court decided on the facts that a clause in a shareholders’ agreement (SHA) prohibiting a party from assigning or dealing in any way with its rights or obligations under the SHA without the other party’s prior written consent did not prevent a novation by conduct of the SHA from an outgoing to an incoming shareholder
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