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Market Trends 2021: Termination Fees

June 21, 2022

Review the market trends in termination fees in public-target deals announced in 2021. This practice note covers the prevalence of both termination fees payable by the seller or target, and reverse termination fees payable by the acquirer. For quick reference, the practice note includes provisions and transaction data for representative transactions. The data analyzed in this practice note was obtained using Market Standards, which contains 150+ data points on publicly filed M&A deals from 2008 to the present.             


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  • Break-Up Fees Provisions
    Utilize these clauses containing break-up fee provisions that cover both break-up fees payable by the seller and reverse break-up fees payable by the buyer.


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