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Old 03-03-2012, 05:43 PM   #17
Gastineau99
Section 135
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Join Date: Oct 2009
Posts: 5,344
[QUOTE=Digetydog;4383140]Years ago, I was working on a merger agreement (as the finance guy). The lawyers hammered out the wording based upon what we wanted to happen if certain things happened. Both sides in the transaction had very expensive teams of NYC M&A attorneys working on the wording.

Since I am also an attorney, I was tasked with reviewing the agreement before we signed it. I discovered that the formulas baked into the agreement would not work as intended if certain things happened. It happens.

From what I am hearing, the parties expected that the Salary Cap would be X if certain things happened. Everyone planned accordingly. Unfortunately, it appears the language baked into the contract doesn't work as expected.

In situations where that happens, parties that need to be long term partners and need to have some level of trust generally work things out. Otherwise, the next contract negotiation becomes a nightmare.[/QUOTE]

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