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17 November 2016

Fairness Opinions in M&A Transactions Under Greater Scrutiny: A review of InterOil v. Mulacek

Court refuses to approve an arrangement valued at US$2.5 billion where success fees were payable for the fairness opinion and the fairness opinion failed to provide disclosure of the reasons and analysis for the conclusion.

The Court (British Columbia Appeal Court Judges sitting as the Yukon Court of Appeal) were also critical of the process adopted by the board and the disclosure to shareholders.

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