Kirkland Said WHAT About the “Successors and Assigns” Provision?
Here’s how a recent Kirland M&A Update (here; another version is here) begins: Most commercial and corporate contracts provide that the agreement is binding on a party’s “successor and assigns”. This boilerplate clause, coupled with the legal consequences of a stock purchase or merger, covers most corporate transaction scenarios and ensures that the agreement remains with, and binding on, the … Read More