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ARTICLE · 21 JULY 2025

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Break Fees In M&A: Two Cautionary Tales

Break fees and reverse break fees in M&A are typically highly negotiated and can be important tools to align the interests of the parties.

CanadaCorporate/Commercial Law

Break fees and reverse break fees in M&A are typically highly negotiated and can be important tools to align the interests of the parties.

Two relatively recent Alberta appellate court rulings illustrate that break fees can also be fiercely contested and subject to potentially unexpected interpretation.

The rulings underscore the need for careful drafting and close consideration of deal terms, deal dynamics and applicable regulatory processes, as well as how these might evolve between signing and closing.

Our detailed insights follow. For more Fasken M&A thought leadership, visit our Capital Markets and M&A Knowledge Centre and subscribe.

Western Energy Services v Savanna Energy Services

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