Web7 feb. 2024 · A hell or high water contract is a legal contract with a clause stating that the buyer needs to continue making payments regardless of any complications. The … Web9 mei 2024 · Rogers Communications Inc.’s RCI-A-T decision to sign an unusually broad “hell or high water” clause in its takeover bid for Shaw Communications Inc. SJR-N throws yet another variable into ...
Finance Lease Hell or High Water Clause and Third Party …
Weband not a secondary obligation to pay damages on breach, but the existence of a breach makes the distinction less clear cut. Therefore, it follows that payment due under a take-or-pay clause will be a debt, and payment under a take-and-pay clause will very commonly also be a debt and the law on penalties should not apply. Web6 mei 2024 · In addition, with respect to the enforceability of hell-or-high-water provisions by finance companies and lenders, the Tenth Circuit Court of Appeals has noted: The … npnt nephronectin
When Mergers Go Bad: How Merger Agreements Deal with …
The [hell or high water provision] simply reflects a much stronger and broader commitment with respect to a discrete regulatory subject: antitrust approval.” Additionally, regardless of whether a best efforts or flat obligation is included in the clause, if any qualification is used, the clause no longer … Meer weergeven HSR provides for a 30-day initial review period (the “waiting period”) by either the Department of Justice (“DOJ”) or Federal Trade Commission (“FTC”) (the DOJ and FTC are collectively called the “Antitrust Authorities”). … Meer weergeven Some of the HOHW clauses include a type of specific protection for Buyer that explicitly permits Buyer to reject the Antitrust Authorities’ effort to impose a remedy on Buyer, as quid pro quo for clearing the … Meer weergeven Addressing the risk of an open-ended HSR investigation or an antitrust challenge at its conclusion is the purpose of the HOHW … Meer weergeven Seller should consider providing a background for inclusion of an HOHW clause. For example, the agreement might state that Seller had the opportunity to sell to several … Meer weergeven WebParties to a purchase agreement may negotiate this clause to allocate antitrust risk (see Standard Clause, Purchase Agreement: Hell or High Water Clause). High-YieldIndentures. Describes issuers' (borrowers) permission to incur a specified amount of debt from third parties under a general debt basketin the indenture. Web3 feb. 2024 · Request unsuccessful. Incapsula incident ID: 632000800091258958-67304233513784327 A Standard Clause that may be used in a purchase or merger agreement when a seller or target company wishes the buyer to take on all of the antitrust risk in a transaction, known as a hell or high water (HOHW) provision, including making … npn surface mount transistor