Davis Polk partner Meyer Dworkin and associate Michele Babkine authored “Structural Considerations in Deal Contingent Hedges,” a chapter in International Comparative Legal Guide: Derivatives 2020. The chapter discusses the legal issues and risks a domestic corporation or private equity sponsor may need to confront when committing to a cross-border acquisition. The chapter also discusses the customary structure of deal contingent hedges as well as certain issues for corporations and private equity sponsors to consider, especially to the extent the buyer has obtained “limited conditionality” financing commitments in connection with the acquisition.

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