Simultaneous vs. Split Sign And Close: Drafting And Practical Considerations

Corporate associates Joel Pruett and Nathan Wolfe authored an article in the State Bar of Texas 14^th Annual  Essentials of Business Law coursebook titled “Simultaneous vs. Split Sign and Close: Drafting and Practical Considerations” on March 10, 2023. The article describes the difference between a simultaneous and split signing and closing structure in M&A transactions and provides drafting and practical considerations and sample provisions for M&A practitioners. Practitioners have many options to address the risks posed by a delayed closing, some of which can be complex and specific to the idiosyncrasies of a transaction. Therefore, this article seeks to provide an introductory overview to some of the key provisions utilized to address the risks of a delayed closing.