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Cerberus's Acquisition of DynCorp, Double Trigger Termination and Reverse Termination Fees
Mergers, Acquisitions and Tender Offers: Law and Strategies — Corporate, Securities, Taxation, Antitrust, Cross Border
Book Publication Date:
In 2010, Cerberus acquired DynCorp, a publicly held Delaware corporation.
These are excerpts from the merger agreement and DynCorp’s proxy statement relate principally to the double trigger termination fee to be paid by DynCorp and the double trigger reverse termination fee to be paid by Cerberus in certain events.
PLI Item #:
Corporate & Securities
Cerberus's Acquisition of DynCorp
double trigger termination
reverse termination fees
Cerberus's financing representation
first tier reverse termination fee
merger agreement double trigger provisions
conditions to obligation of parent and merger sub
frustration of closing conditions
superior proposal termination
Company General Breach Termination by Parent
Acquiror’s Liability Cap
contract law drafting principles
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