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It depends.
I am pretty sure an equity deal of an Investment Adviser triggers the consent for assignment provision under the Investment Advisers Act. I have only been involved in M&A with advisers, and getting consent is pretty routine. Not that big of a deal given clients can always terminate the advisory contracts with a few months notice.
I'm assuming OP is trying to get around any anti assignment provision by acquiring the target company's shares.
I would say no. An equity deal isn’t a transfer of the agreement or any rights or obligations thereunder. The bound party remains the same - the company - the ownership of the company has simply changed.
F all the “it depends” shit—the practical answer is no. There is no “transfer” in an equity deal—rooted in the difference between a change of control and an assignment.
If you’re going to take the position no consent is required then you def. don’t want to ask permission from all the counterparties implicated in these edge case scenarios, hence p1’s approach of not worrying about it
Is the contract being transferred to a third party? No, it is owned by the same entity.
Typically in an equity deal, contracts are not being transferred or assigned out from the target company. So, it should not apply. But, it surely depends on the exact deal structure and if the deal involves any restructuring, etc. so it’s not entirely cut and dry without knowing further info.
Agreed with others, this likely would not trigger this provision, assuming it is an equity deal.
Assuming the entity that is party to that contract is being bought and that entity will still be party to that agreement post-closing - no.
This is not legal advice.
Seems like legal advice! Is this social advice?
Generally no but it depends on jurisdiction. For example, CA has some weird case law about statutory mergers.