Transfer Restrictions in Joint Acquisition Vehicles: How to Overcome Some Lurking Issues

Tags, drags, ROFOs, and ROFRs raise a number of substantive and procedural issues for parties to joint acquisition arrangements.

Tag-along rights, drag-along rights, rights of first offer (ROFOs), and rights of first refusal (ROFRs) are commonly negotiated provisions in joint acquisition arrangements. These provisions are complex and raise a number of substantive and procedural issues that require careful and precise drafting to avoid surprises or disputes in the event of a sale. This Client Alert addresses some of these issues and offers possible ways to resolve them.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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