• About
  • Offices
  • Careers
  • Students
  • Alumni
Background Image
Logo Bennett Jones
  • People
  • Expertise
  • Resources
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z All

FEATURED AREAS

Energy
Funds & Finance
Mining
Capital Projects
All Industries
Crisis & Risk Management
Environmental, Social & Governance
Governmental Affairs & Public Policy
All Practices
Insights
Media
Events
Subscribe
COVID-19 Resource Centre
Business Law Talks Podcast
Kickstart
New Energy Economy Series
People
Featured Areas
All Practices
All Industries
About
Offices
Careers
Insights
Events
Search
Search
 

Bryan Haynes on BNN Bloomberg on the Uphill Battle for Buyers to Walk Away from Deals

October 14, 2020

 

Bryan Haynes appears live on BNN Bloomberg to discuss the rules around material adverse change (MAC) clauses to allow companies to walk away from deals. He says for a company to walk away, "The hill is steep, and it's an uphill battle."

Bryan says in many MAC clauses, "there are exceptions. One of those is natural disasters and acts of God . . . arguably, the pandemic constitutes a natural disaster or an act of God. So it's an exclusion to the material adverse change clause. So unless the buyer has negotiated an exception to the exception, then likely, the buyer will have a hard time and an uphill battle in escaping their obligations to close a transaction."

"The other challenge for buyers is that the courts have established a very high bar, a very high burden for buyers to walk away from deals. And the onus of proof is on the buyers, and one of those tests is that the target business has been disproportionately impacted by the material adverse change event relative to its industry peers."

Key Contact

  • Bryan C. Haynes Bryan C. Haynes, Partner

Read the Fall 2020 Economic Outlook

Related Links

  • Insights
  • Media
  • Subscribe

Related Expertise

  • Mergers & Acquisitions

Recent Posts

Speaking Engagements

Sharon Singh Moderates Minister's Roundtable at BC Natural Resources Forum

January 27, 2021
       

Speaking Engagements

Canadian Bar Association BC Construction Law Subsection Presentation

January 26, 2021
       

Announcements

Bennett Jones a 2021 Top Employer in Canada for Young People

January 19, 2021
       

Speaking Engagements

16th Annual Crown Corporate Governance Conference

January 19, 2021
       

Guides

My Future in Law: Student Recruitment Guide

January 15, 2021
       

Articles

Bennett Jones on Tax Disputes - January 2021

January 14, 2021
       

Articles

Dominique Hussey and Jeilah Chan in WTR's Trademark Litigation 2021

January 14, 2021
       

Articles

Martin Sorensen and Hennadiy Kutsenko in The Lawyer's Daily

January 14, 2021
       

Updates

Updates to Canada’s Top 10 Sources of Emergency Capital for Businesses

January 13, 2021
       

The firm that businesses trust with their most complex legal matters.

  • Privacy Policy
  • Disclaimer
  • Terms of Use

© Bennett Jones LLP 2021 All rights reserved. Bennett Jones refers collectively to the Canadian legal practice of Bennett Jones LLP and the international legal practices and consulting activities of various entities which are associated with Bennett Jones LLP

Logo Bennett Jones