Trying to expend best efforts
|Area||Corporate Finance and Securities, Mergers and Acquisitions|
Article originally published in the Canadian Lawyer Magazine, November/December 2016
Excerpt from "Trying to expend best efforts":
The recent high-profile Delaware Court of Chancery case of Williams Companies, Inc. v. Energy Transfer Equity, L.P., the fallout of a failed transaction initially valued at approximately US$33 billion, has again focused attention on “efforts” provisions, and it highlights how analysis of these provisions tends to be highly fact-specific.