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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

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Contact the Authors

Authors

  • Sarah Gingrich, Partner | CO-LEADER, CAPITAL MARKETS AND MERGERS & ACQUISITIONS (CM AND M&A), Calgary, AB, +1 587 233 4103, [email protected]
  • Brad Schneider, Partner | Emerging Technology & Venture Capital, Corporate/Commercial, Calgary, AB, +1 403 261 5502, [email protected]
  • Grant E. McGlaughlin, Partner | Co-Leader, Private Equity, Toronto, ON, +1 416 865 4382, [email protected]
  • Caitlin Rose, Partner | Co-Leader, Private Equity, Montréal, QC, +1 514 397 5277, [email protected]
  • Paul Blyschak, Counsel | Corporate/Commercial, Calgary, AB, +1 403 261 9465, [email protected]
Sarah Gingrich, Partner | CO-LEADER, CAPITAL MARKETS AND MERGERS & ACQUISITIONS (CM AND M&A) Sarah Gingrich Partner | CO-LEADER, CAPITAL MARKETS AND MERGERS & ACQUISITIONS (CM AND M&A) Calgary, AB +1 587 233 4103
Brad Schneider, Partner | Emerging Technology & Venture Capital, Corporate/Commercial Brad Schneider Partner | Emerging Technology & Venture Capital, Corporate/Commercial Calgary, AB +1 403 261 5502
Grant McGlaughlin Toronto Lawyer Grant E. McGlaughlin Partner | Co-Leader, Private Equity Toronto, ON +1 416 865 4382
Caitlin Rose, Partner | Co-Leader, Private Equity Caitlin Rose Partner | Co-Leader, Private Equity Montréal, QC +1 514 397 5277
Paul Blyschak, Counsel | Corporate/Commercial Paul Blyschak Counsel | Corporate/Commercial Calgary, AB +1 403 261 9465