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Great post - thanks. Can you give an example that demonstrates why you believe Right of First Refusal is such a bad thing?

Tali Aben

When you have given right of first refusal to a strategic partner, no other company will be interested in making an offer, knowing that this right is held by someone else. The right of first refusal gives the holder of that right the "last mover" advantage. Meaning, if a deal is negotiated, and it looks particularly good, they can take it off the table, which again discourages others from making an offer to begin with. Another aspect to consider in case of M&A, is that you may not want to be acquired by the company in which you have currently engaged in a strategic partnership. Working together, you may realize that this is not what you had in mind for your business. You may decide that you would much prefer to be acquired by somebody else...

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