Tag: Mergers and Acquisitions
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Contractual Mergers a Possibility
[Posted by Umakanth Varottil] Presently, accomplishing a merger of two or more companies involved a fairly detailed process that lasts about four to six months, if not more. Under Sections 391 to 394 of the Companies Act, 1956, apart from the approval of the shareholders (and sometimes creditors) the merger also requires the sanction of…
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M&A: Tackling Ambiguity in Deal Documentation
[Posted by Umakanth Varottil] M&A lawyers are accustomed to drafting and negotiating contracts that contain complex terms and conditions relating to the performance of obligations by parties and remedies for their breach. It is not out of place for acquisition agreements to contain clause A that operates “notwithstanding any other provision contained in this Agreement”,…