One time-honored corporate M&A prenup strategy, which could become more important going forward, is the use of break-up fees, also known as termination fees.
In addition to reverse termination fees, companies are also allowing for longer timelines and more extensions than they were a few years ago, Thomas said.
Not all deals include break-up fees for regulatory failures.
Meanwhile, Visa's deal for Plaid was scuttled in 2021 due to regulatory snares, with neither of the companies owing break-up fees.
A 2022 study by investment bank Houlihan Lokey shows that 57.1% of the 140 transactions reviewed had reverse breakup fees, with median fees of 4.2% as a percentage of transaction value.
Persons:
Thomas, Houlihan Lokey, Pitchbook
Organizations:
Crowell, Moring, Discover Financial, Plaid, Regulators, Federal Trade Commission, Department