Montana Plan and Agreement of Merger by Wheeling Pittsburgh Corp, WHX Corp, and WP Merger Co.
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How to fill out Plan And Agreement Of Merger By Wheeling Pittsburgh Corp, WHX Corp, And WP Merger Co.?
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FAQ
In a merger, two separate legal entities come together to form a new joint legal entity. In an acquisition, one company (the acquirer) buys another company (the target) and takes control of its assets and operations.
Use SEC filings to find details about a company's merger or acquisition. Both the target and acquirer will file reports.
Parts of merger and acquisition contracts ?Parties and recitals. ?Price, currencies, and structure. ?Representations and warranties. ?Covenants. ?Conditions. ?Termination provisions. ?Indemnification. ?Tax.
Public company mergers require filing a variety of public disclosure documents. In the United States, the companies make public filings of these materials with the Securities and Exchange Commission (SEC).
Every M&A transaction involves at least one purchaser, or buyer, the party that will be making the acquisition. This is the person (i.e., individual or company) that signs the purchase agreement, pays the purchase price and which, after closing, directly or indirectly, owns or controls the target company or its assets.
There are two basic merger structures: direct and indirect. In a direct merger, the target company and the buying company directly merge with each other. In an indirect merger, the target company will merge with a subsidiary company of the buyer.
If the merger or acquisition requires a vote by shareholders, the agreement will be available in the proxy document, Schedule 14A (or sometimes an information statement, Schedule 14C). The proxy will include the terms of the merger and what shareholders can expect to receive as proceeds.
?parties? means Parent, Merger Sub and the Company.
A public seller will file the merger proxy with the SEC usually several weeks after a deal announcement. You'll first see something called a PREM14A, followed by a DEFM14A several days later. The first is the preliminary proxy, the second is the definitive proxy (or final proxy).
An agreement setting out steps of a merger of two or more entities including the terms and conditions of the merger, parties, the consideration, conversion of equity, and information about the surviving entity (such as its governing documents).