A merger in the 3D printing industry has created an interesting CFIUS dynamic: The Delaware Chancery Court has ordered the foreign acquirer to accept the terms of a CFIUS national security agreement and close the deal immediately. Experts say the decision could impact future transactions and M&A docs.
According to some readers of Foreign Investment Watch, CFIUS has imposed National Security Agreements by order on a non-interim basis, and has done so without negotiating with the transactions parties. Experts say this would be an important development with far-reaching implications.
At the request of our readers, Foreign Investment Watch is creating a list of third-party monitors and auditors that are actively engaged with transaction parties on CFIUS-imposed National Security Agreements. We are asking readers to submit any TPMs or TPAs with whom they have worked.