Alliance Data Systems, Blackstone Group, and “Reasonable Best Efforts”

If anyone is wondering why I’ve been devoting time to efforts standards, have a look at this post on DealBook by Steven Davidoff regarding a development in Blackstone Group’s proposed acquisition of Alliance Data Systems.

For reasons I discuss in MSCD, in this article, and in last week’s blog post, it would be bizarre for a court to hold that reasonable best efforts conveys a meaning different from best efforts.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.