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The Perils of Failing to Define “Voting Power” in a Change of Control Clause

USA - December 13 2017 Socrates has been credited with the observation that "the beginning of wisdom is the definition of terms." Whether Socrates ever actually said that...

Nathaniel Moore.


So You Think You Know What a “Definitive” Agreement Is?

USA - November 27 2017 Private equity deal professionals frequently enter into indications of interest, term sheets, letters of intent, and other preliminary agreements as...

Kymberly Thoumaked.


Mutatis Mutandis, “What a Wonderful Phrase”

USA - October 23 2017 I suspect that there are few private equity deal professionals or their counsel that are unfamiliar with the beginning lyrics to Elton John and Tim...


Making Sure Your “Choice-of-Law” Clause Chooses all of the Laws of the Chosen Jurisdiction

USA - September 5 2017 In a 2016 post to Weil's Private Equity Insights blog it was suggested that deal professionals and their counsel should not only "choose governing...


A Real Beating or a Written AgreementA Good Reminder that Oral Agreements Can be Binding

USA, United Kingdom - August 21 2017 There was a time when written agreements were the exception rather than the rule. Today, however, most significant contractual arrangements are...