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What is Hell or High WaterOutline on M&A of State-owned Property Rights

2019-07-01


Such a clause requires the buyer to accept remedies required by a regulatory authority as a precondition for the parties to close a transaction. The buyer obligates itself to do whatever is necessary, come hell or high water, to close the deal. The clause typically requires the buyer to accept any remedial action imposed by a government regulator, which isrequired as a precondition of closing. The buyer agrees to respond to burdensome document demands, possible depositions and litigation. In addition, the buyer also agrees to comply with deal modifications, including asset sales and sales restrictions, which might be imposed by competition enforcement agencies as a condition of closing.


Gong Chu, Oscar


A lawyer at DeHeng Law Offices (Shenzhen)

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