Introduction
As the novel coronavirus (COVID-19) pandemic continues to impact
global commerce, businesses and their advisors have been forced to
consider a range of issues, many of which, like the virus, are
novel, in order to address their current and post-pandemic business
needs. The Canadian M&A and capital markets landscape is not
immune from this reckoning, as COVID-19 has affected, and will
continue to affect, many of the key deal provisions typically
included in definitive transaction agreements and associated
M&A documentation.
Certain types of transactions have been more affected than
others during the pandemic and, in some cases, terminated entirely,
with industry type and stage of transaction often playing key roles
in determining a given transaction's prospect of success.
Regardless of industry, COVID-19 has likely stirred increasing
anxiety for those that have already entered into definitive
transaction agreements as to how the prior drafting of
