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What is a duty to litigate?

What it means and how to read it on a deal.

Tracking Alpha

What it is

The buyer's promise to fight in court, if a regulator sues to block the deal, to get the approvals.

On the site asBuyer must litigateBuyer must litigate for approvals
As it looks on the site, with made-up values
  • Buyer must litigate for approvals
  • Buyer need not litigate
  • Duty to litigate not in the filings

How to read it

Yes when the agreement says the buyer must contest such a challenge, even without the word litigate; No when it says the buyer need not. The third protection dot.

As it looks on the site, with made-up values
  • Buyer must litigate for approvals
  • Buyer need not litigate
  • Duty to litigate not in the filings

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