Specific Performance, Damages, or Fees: Remedies for Failed M&A Deals

When an acquisition transaction fails to close, parties consider three primary remedies: specific performance, monetary damages, or a termination fee. The availability and use of any of these remedies depends on factors like the provisions in the signed acquisition agreement, the circumstances surrounding the failure to close, and prior case law. Careful consideration is needed when exercising these remedies, as they may be mutually exclusive and could preclude other available options. Take a closer look at remedies for failed deals with this new practice note.

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