Ten Takeaways for Buyers and Sellers in Private M&A Transactions

Gary Solway, Munaf Mohamed, John Mercury, Michael Mysak and Paul Romaniuk write "Ten Takeaways for Buyers and Sellers in Private M&A Transactions" in CVCA Central.

They write about the recent Alberta case of NEP Canada ULC v MEC OP LLC and its useful lessons for participants in private M&A transactions.

The following are ten key takeaways from the case for buyers and sellers:

1. Court litigation takes time
2. Unwelcome publicity
3. Discovery reveals all
4. Seller's limited access to records and personnel
5. Executives of seller become executives of buyer
6. Legal privilege not seller's 
7. Fraud trumps everything
8. Scope of potential damages is broad
9. Knowledge can be imputed
10. Oral conversations, actions and other extrinsic evidence

Read the full article on the CVCA Central website.