I’ll Trade You a Breakup Fee for a No-shop Clause: Utilizing Breakup Fees to Lock Up Your Letter of Intent

During negotiations involving many ambulatory care center deals, the discussion turns to what form of deal protection should be included. These terms are generally settled on in the LOI. There are two specific types of provisions that buyers and sellers have come to rely on: breakup fees and no-shop clauses, also known as standstill agreements. […]

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