Break-up Fee

A break-up fee is a fee (usually negotiated in an M&A deal) that a target company agrees to pay a buyer if the transaction fails to close due to specified reasons—most commonly if the target accepts a superior competing offer or otherwise breaches agreed deal protections.
 
It’s also commonly called a termination fee and is intended to compensate the buyer for time, expense, and deal risk.

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Ryan Roberts Startup Lawyer
Ryan Roberts is a startup lawyer with more than two decades of experience advising on venture financings and M&A transactions totaling more than $1 billion. He is the author of the Amazon bestselling startup law book Acceleration.