Table of Contents

Research Handbook on Mergers and Acquisitions

Research Handbook on Mergers and Acquisitions

Research Handbooks in Corporate Law and Governance series

Edited by Claire A. Hill and Steven Davidoff Solomon

Global in scope and written by leading scholars in the field, the Research Handbook on Mergers and Acquisitions is a modern-day survey of the state of M & A. Its chapters explore the history of mergers and acquisitions and also consider the theory behind the structure of modern transaction documentation. The book also address other key M & A issues, such as takeover defenses; judges and practitioners' perspectives on litigation; the appraisal remedy and other aspects of Federal and state law, as well as M & A considerations in the structure of start-ups. This Handbook will be an invaluable resource for scholars, practitioners, judges and legislators.

Chapter 21: Legal transplants in the law of the deal: M & A agreements in India

Afra Afsharipour

Subjects: law - academic, corporate law and governance, finance and banking law

Abstract

This chapter reviews the transformation of merger and acquisition (M & A) transactions in India. Due to globalization and economic liberalization, India has experienced a significant wave of cross-border M & A deals. The explosion of cross-border M & A transactions has affected the makeup of the legal profession in India, as well as the norms and practices of transactional lawyers in India. The practice of Indian corporate law firms, including the way Indian lawyers document M & A transactions, now often resembles those of US firms in the negotiation and drafting of acquisition agreements. This chapter identifies the salient features of Indian M & A deal-making and contracting that have become increasingly influenced by US-style M & A transactions. This chapter uses representations and warranties provisions, indemnification provisions and earn-out arrangements to illustrate transplants in the law of the deal.

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