Purchase Agreement: Antitrust Approval Fencing (Carve-Out) Provision | Practical Law

Purchase Agreement: Antitrust Approval Fencing (Carve-Out) Provision | Practical Law

A Standard Clause known as a fencing provision or carve-out provision that may be used in a purchase or merger agreement to close the transaction outside of a jurisdiction with a non-material outstanding antitrust approval. This resource also discusses reasons to include this type of provision and other elements to consider adding to the provision. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips.

Purchase Agreement: Antitrust Approval Fencing (Carve-Out) Provision

Practical Law Standard Clauses w-013-5247 (Approx. 9 pages)

Purchase Agreement: Antitrust Approval Fencing (Carve-Out) Provision

by Practical Law Antitrust
MaintainedUSA (National/Federal)
A Standard Clause known as a fencing provision or carve-out provision that may be used in a purchase or merger agreement to close the transaction outside of a jurisdiction with a non-material outstanding antitrust approval. This resource also discusses reasons to include this type of provision and other elements to consider adding to the provision. This Standard Clause has integrated notes with important explanations and drafting and negotiating tips.