Kim Maguire, Jeffrey Shafer, "Trends in Buy/Sell Transactions", draft 2021 Conference Report

Whether s. 12(1)(g) can apply to a share sale (p. 3)

  • Since most contingent consideration for a share sale will relate to earnings or other...

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Use of rights to acquire shares of purchaser (pp. 5-6)

  • Where the vendor has the contingent right to receive additional shares of the purchaser,...

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Application of s. 87(7) to earnout payments (p. 6)

  • S. 87(7) (which also applies to s. 88(1) wind-ups by virtue of s. 88(1)(e.2)) has the effect...

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Accessing the s. 110.6(14)(b) exception under a plan of arrangement (pp. 12-13)

  • S. 110.6(14)(b) provides that, regarding whether a corporation is...

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Planning to engage s. 111(4)(e) before closing of CCPC acquisition (pp. 14-18)

  • Includes a discussion of s. 111(4)(e) planning in a...

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Application of FAD rules in exchangeable share structures (p. 8)

  • Includes a discussion (at pp. 14-18) of various issues (mostly US other than...

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