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Checklist of Matters that Should be Considered in Drafting a Merger...

Common Draft Terms Of Merger

Category:

Small Business - Checklists

State:

Multi-State

Control #:

US-03601BG

Format:

Instant download

Description

Merger refers to the situation where one of the constituent corporations remains in being and absorbs into itself the other constituent corporation. It refers to the case where no new corporation is created, but where one of the constituent corporations ceases to exist, being absorbed by the remaining corporation.

Generally, statutes authorizing the combination of corporations prescribe the steps by which consolidation or merger may be effected. The general procedure is that the constituent corporations make a contract setting forth the terms of the merger or consolidation, which is subsequently ratified by the requisite number of stockholders of each corporation.

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How to fill out Checklist Of Matters That Should Be Considered In Drafting A Merger Agreement?

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FAQ

The Company and each of its subsidiaries is duly organized, validly existing and in good standing (with respect to jurisdictions that recognize the concept of good standing) under the laws of the jurisdiction of its organization and has all requisite corporate or similar power and authority to own, lease and operate ...

For example, the merger between Mobilink Telecom Inc. and Broadcom is a product-extension merger. The two companies both operate in the electronics industry and the resulting merger allowed the companies to combine technologies.

A merger is considered horizontal if the two companies already offer the same products or services. Horizontal mergers help companies reduce competition and dominate the market. For example, gas giant Exxon combined with gas giant Mobil back in 1998 to form ExxonMobil.

Common Sections in Agreements Of Merger THE MERGER. DISSENTING SHARES; PAYMENT FOR SHARES; OPTIONS. REPRESENTATIONS AND WARRANTIES. REPRESENTATIONS AND. COVENANTS. CONDITIONS TO CONSUMMATION OF THE MERGER. TERMINATION; AMENDMENT; WAIVER. MISCELLANEOUS.

subsidiary upstream merger is a merger of a subsidiary business entity into its parent business entity, with the parent business entity surviving.