Toronto Baker McKenzie partner Nancy Hamzo and student-at-law Dorna Zaboli co-authored the article titled, "Canadian Perspective: The 2021 US and Canadian M&A Landscape," published in the March-April edition of the Deal Lawyers print newsletter. The article, which is presented in a Q&A format, discusses some of the most prominent trends in the Canadian M&A market so far in 2021, provides an overview of the challenges deal makers face within the current Canadian and US M&A landscape, and considers some of the opportunities and challenges that exist for US inbound transactions from Canada.
Nancy and Dorna also detail the lasting effects that COVID-19 has had on the drafting and structuring of M&A agreements. These impacts range from including and accepting specific epidemic or pandemic carve-outs in material adverse effect definitions, to considering alternative payment arrangements such as earn-out mechanisms, and adding representations and warranties that are specific to the impact of the pandemic on the target's business.
Article originally published in the March-April 2021 edition of the Deal Lawyers print newsletter.