Law at the Speed of Business®
Mergers & Acquisitions
The merger agreement (sometimes called an agreement and plan of merger) is the main transaction document for a merger. It sets out the:
Process for the merger.
Effects of the merger on the target company, its stock, and stockholders.
Conditions for completing the merger.
Liabilities and obligations of the parties.
While each deal has its own unique set of issues, almost all merger agreements for a merger involving a target company have the same key provisions and structure:
All-cash.
All-stock.
Mixed-consideration
