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Delaware’s Corporate Opportunity Waiver Comes to Canada

Fasken
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Overview

Capital Markets and Mergers & Acquisitions Bulletin

Has Canada just become an even friendlier destination for U.S. private equity, venture capital and other investors?

It's not unusual for Canadian courts to look to Delaware caselaw for guidance, particularly in M&A disputes.

It's much less common for Canadian legislators to take a page out of Delaware’s statutory playbook.

But this recently occurred when Alberta adopted Delaware’s corporate opportunity waiver into the province’s Business Corporations Act.

Writing in The M&A Lawyer (PDF, 175 KB), we explore the practical implications of this noteworthy development for U.S. cross-border investment into Canada, including by private equity, venture capital and other investors.

Contact the Authors

For more information or to discuss a particular matter please contact us.

Contact the Authors

Authors

  • Sarah Gingrich, Partner | CO-LEADER, CAPITAL MARKETS AND MERGERS & ACQUISITIONS (CM AND M&A), Calgary, AB, +1 587 233 4103, sgingrich@fasken.com
  • Brad Schneider , Partner, Calgary, AB, +1 403 261 5502, bschneider@fasken.com
  • Grant E. McGlaughlin, Partner | Co-Leader, Private Equity, Toronto, ON, +1 416 865 4382, gmcglaughlin@fasken.com
  • Caitlin Rose, Partner | Co-Leader, Private Equity, Montréal, QC, +1 514 397 5277, crose@fasken.com
  • Paul Blyschak, Counsel, Calgary, AB, +1 403 261 9465, pblyschak@fasken.com

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