In a Deal Lawyers article, mergers & acquisitions partners Suni Sreepada and Marko Zatylny provided insights from experience on acquiring public benefit corporations.
The authors explain that because Delaware law treats PBCs and traditional corporations differently in certain respects, these transactions can raise unique issues throughout the deal life cycle. The article highlights several special considerations for mergers and acquisitions of PBCs including duties of PBC directors, merger agreement terms and due diligence considerations.
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