Deal certainty is paramount to buyers and sellers in M&A transactions, although each party’s interest in preserving a deal may nonetheless diverge in the context of locking up a deal in the face of a competing bid.
 
This session will explore the extent to which buyers can lock-up a transaction in various geographies, and the obligations and limitations on a target board as fiduciaries under applicable law. 
We will explore how parties seek to lock-up transactions and compare what is market for lock-up related terms around the globe, including go-shop provisions, voting and support agreements, match rights, fiduciary out provisions and termination fees.