Comments on: Revisiting the English Case on “Best Endeavours” and “Reasonable Endeavours” http://www.adamsdrafting.com/2007/07/03/revisiting-best-endeavours-reasonable-endeavours/ Tue, 16 Mar 2010 21:26:31 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Ken Adams http://www.adamsdrafting.com/2007/07/03/revisiting-best-endeavours-reasonable-endeavours/comment-page-1/#comment-7218 Ken Adams Sun, 05 Aug 2007 00:53:21 +0000 http://www.adamsdrafting.com/2007/07/03/revisiting-best-endeavours-reasonable-endeavours/#comment-7218 Deal Lawyer: Thank you for bringing the Jones Day analysis to my attention; it will be a useful source of recent "efforts" case law. I didn't see anything in it that would prompt me to adjust my own analysis. Ken Deal Lawyer: Thank you for bringing the Jones Day analysis to my attention; it will be a useful source of recent “efforts” case law. I didn’t see anything in it that would prompt me to adjust my own analysis. Ken

]]> By: Deal Lawyer http://www.adamsdrafting.com/2007/07/03/revisiting-best-endeavours-reasonable-endeavours/comment-page-1/#comment-7217 Deal Lawyer Sun, 05 Aug 2007 00:31:37 +0000 http://www.adamsdrafting.com/2007/07/03/revisiting-best-endeavours-reasonable-endeavours/#comment-7217 See the recent Jones Day publication "Best Efforts and Endeavours—Case Analysis and Practical Guidance Under U.S. and U.K. Law" at http://www.jonesday.com/pubs/pubs_detail.aspx?pubID=74ac4efb-0bee-4daf-a9a4-fa53f93da941&RSS=true , which cites Kenneth A. Adams extensively. In reviewing a merger agreement negotiated by two well respected Wall Street firms a number of years ago as local counsel, I observed the use of "reasonable best efforts" and "best efforts" within the same document, neither with definition. I was told that the distinction was intended--that is there was a distinction, but to be determined only by litigation. Deal Lawyer See the recent Jones Day publication “Best Efforts and Endeavours—Case Analysis and Practical Guidance Under U.S. and U.K. Law” at http://www.jonesday.com/pubs/pubs_detail.aspx?pubID=74ac4efb-0bee-4daf-a9a4-fa53f93da941&RSS=true , which cites Kenneth A. Adams extensively.

In reviewing a merger agreement negotiated by two well respected Wall Street firms a number of years ago as local counsel, I observed the use of “reasonable best efforts” and “best efforts” within the same document, neither with definition. I was told that the distinction was intended–that is there was a distinction, but to be determined only by litigation.

Deal Lawyer

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