5th IBA European Corporate and Private M&A Conference
2 Feb - 3 Feb 2017
The Westin Paris
European share for share deals
Thursday 2 February (1130 - 1230)
Corporate and M&A Law Committee
European Regional Forum
In a cash deal, the roles of the parties are distinct, but in a share for share deal it is not so clear who is the seller and who is the buyer. Also, a company that pays for an acquisition with its own stock shares both the risks and the value of the transaction with the shareholders of the company it acquires. This raises a number of issues, in particular also the question of reciprocal representations and warranties and the appropriate remedies in case of a breach. The panel will identify these issues and discuss approaches on how to handle them.