Which of the following provisions would you expect tosee in virtually all confidentiality agreements obtained byprivately held target companies?
a. Employee non-solicitation provision and drag-alongprovision
b. Use restriction and disclosure restriction
c. Standstill provision and residuals clause
d. All of the above
In an antitrust-sensitive acquisition, the targetcompany may allocate some of the antitrust risk to the buyer byinsisting that the definitive acquisition agreementinclude:
a. A hell or high water (HOHW) antitrust covenant
b. A reverse break-up fee payable by the buyer upon terminationof the acquisition agreement because of an antitrust challenge
c. A covenant on the part of the buyer to litigate any antitrustchallenge by the antitrust authorities
d. All of the above
Which of the following provisions would you expect to see in virtually all confidentiality agreements obtained by privat
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