Gun jumping can lead to huge fines on both sides of the Atlantic; deal teams and counsel need to exercise extreme caution on both interim covenants as well as their actual application in the period between signing and closing.
CFIUS enforcement is increasing in the US, while outside the US the number of jurisdictions conducting foreign investment reviews is growing and the intensity of these reviews is deepening. Foreign investment screens and building appropriate protections into deal documentation will be vital in mitigating the impact of such reviews.
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