Google and Doubleclick: A Whopper and an Interesting Risk Shifting Clause
I love creative names for special purpose vehicles. Google’s Whopper Acquisition Corp. is pretty good. (HT: Searchblog). As to risk shifting, much of the action is in Section 6.4. of the merger agreement:
[T]he Buyer agrees … to take any and all actions necessary … to avoid or eliminate each and every impediment under any Antitrust Law asserted by any Governmental Entity, in each case, to cause the Merger … to occur … including … (ii) if necessary to obtain clearance by any Governmental Entity before the Outside Date, offering, negotiating, committing to and effecting, by consent decree, hold separate order or otherwise, the sale, divestiture, license or other disposition of any and all of the capital stock, assets, rights, products or businesses of the Buyer and its Subsidiaries and the Company and its Subsidiaries and any other restrictions on the activities of the Buyer and its Subsidiaries and the Company and its Subsidiaries …I wonder what Microsoft was willing to offer in that regard.
Technorati Tags: antitrust, google, doubleclick, microsoft
RSS Feed
