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To Focus on the Interim Now: Interim Covenants in Light of COVID-19

April 12, 2022

In the midst of a global pandemic, many companies are working to define what’s normal. Moreover, many are adjusting to a new normal in light of necessary adjustments and learnings from the COVID-19 pandemic. Just how far can a company modify its course in the midst of an unprecedented occurrence and still be operating in the ordinary course, especially if that company is a target in the interim of an M&A deal? M&A counsel must now take these factors into consideration when drafting and negotiating an acquisition agreement. Check out this annotated clause for guidance on interim covenants in light of the COVD-19 pandemic.   

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