punisher-disney-8000317

$140 million kill fee if Disney doesn’t get Marvel

punisher-disney-8000317I’m a sucker for extra details like this, and ICv2 picked up a doozy:

The Agreement and Plan of Merger for the Disney acquisition of Marvel was filed with the SEC late last week, and among the facts in the 56-page document was the news that there’s a $140 million termination fee under certain circumstances should the deal not close. Those conditions include Marvel’s acceptance of an Alternative Transaction Proposal. While $140 million is only 3.5% of the $4 billion acquisition price, the additional cost raises the hurdle for any competing offers for Marvel.

My question: does that kill fee have to be paid if government scuttles the deal? Say, if antitrust in the US or Europe says no? I gotta read the SEC filing more when I have a chance to breathe…

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3 Comments

  1. Hmmm. Previous attempt seemns to have not posted:I doubt that EU ant-trust enters in so long as their European (spelt correctly this time, BTW) operations remain unblended.

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