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Results: 1-10 of 1,244

Williams Companies v. Energy Transfer Equity: Avoid Leaving the Meaning of Effort Provisions to Future Circumstances
  • McCarthy Tétrault LLP
  • Canada
  • July 13 2016

Undertaking to use “best efforts”, “commercially reasonable efforts” and variations of such specified levels of effort are frequently provided for in


Recent Delaware decision on cancelling options in M&A transactions
  • McCarthy Tétrault LLP
  • Canada, USA
  • November 30 2007

An important consideration in structuring any change of control or merger transaction (particularly all-cash ones), is how best to deal with outstanding options, warrants and other rights to acquire the target’s common shares, i.e., how to ensure that all such options and other rights have been exercised, cancelled or otherwise dealt with in a manner satisfactory to the acquiror on or prior to closing, this being a standard condition in merger transactions


TCC applies the GAAR to treat post-takeover steps as a cross-border surplus strip
  • Thorsteinssons LLP
  • Canada
  • July 1 2016

In Univar Holdco Canada ULC v. The Queen, 2016 TCC 159, a UK private equity firm (CVC) acquired all the shares of Univar NV (a Netherlands public


Doing business in India
  • Nishith Desai Associates
  • Canada, Germany, India, Japan, Mauritius, Netherlands, Singapore, Switzerland, United Kingdom, USA
  • April 30 2015

India is the seventh largest country by area and the second-most populous country in the world. It has a large and growing middle-class with an


Energy Matters - Issue No. 1 - June 22, 2016
  • Paul Hastings LLP
  • Canada, Hong Kong, Mexico, USA
  • June 22 2016

Oklahomabased Devon Energy (Devon) has entered into definitive agreements for the sale of roughly $1 billion of noncore upstream assets in East


Restrictive covenants in the sale of a business
  • DLA Piper LLP
  • Canada
  • June 15 2012

Restrictive covenants, by their nature, are contrary to public policy and prima facie void


A corporate divorce alternative when the butterfly won't fly
  • Gowling WLG
  • Canada
  • October 20 2010

Sometimes, two is better than one


Indemnification claims under the CCAA: a caution for underwriters, auditors, directors and others
  • Bennett Jones LLP
  • Canada
  • January 24 2013

Indemnification clauses are often considered a critical component of risk mitigation strategies in legal relationships. However, as is well


Foreign spin off transactions and dividend in kind - conflicting rulings that reinforce an earlier precedent
  • Gowling WLG
  • Canada
  • September 15 2011

On June 29, 2007, Tyco International Ltd. (“Tyco”) underwent a corporate reorganization that involved spinning off Tyco Electronics Ltd. (“Electronics”) and Covidien Ltd. (“Covidien”), and a stock consolidation


Lesson for companies aquiring financing: tort for breach of confidence cannot be modified by confidentiality agreement
  • McCarthy Tétrault LLP
  • Canada
  • August 28 2013

The recent case Scott & Associates Engineering Ltd. v. Finavera Renewables Inc. serves as a warning to many companies, in particular, technology