M&A: Plan ahead for signing

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In M&A transactions, when parties are busy negotiating the terms, planning for the signing of the transaction agreements may be the last thing on their mind.

Plan ahead for signing.

1. What needs to be delivered to the counterparty upon execution of the transaction agreements?

2. Ensure the resolutions which need to be signed and delivered to the counterparty are ready.

3. Where will signing of the transaction agreements take place? Will there be a physical venue for execution by the parties or will the signing pages be exchanged electronically?

4. If any of the parties is part of a listed group, is announcement of the acquisition/disposal required?

5. Is consent or consultation with the counterparty required under the terms of the transaction agreements for announcement of the acquisition/disposal?

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This post was first posted on Linkedin on 16 November 2022.

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