How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110378
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

If two entities merge, must the merger agreements voted on

This answer was rated:

If two entities merge, must the merger agreements voted on by the members of each entity be identical? If they are not, is the merger null and void?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The merger agreement voted on by members must represent their agreement and what they will receive in the deal. Even though the agreement one company votes on is not identical to the other company's, if the agreements represent the agreement each company would receive in the merger the merger is still valid. It is where the two agreements are different and conflict with each other that they can be invalidated.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 3 years ago.

My question regards XXXXX XXXXX of the USWA and PACE unions in 2005.

The document voted on at the PACE convention gave benefits to the PACE executive board members who would be displaced by the merger including retaining their staff, pay, having a voice without vote on the USW executive board, and more without ever having to face another election. The document voted on by the USWA members did not include this language.

Thank you for your clarification.

If the two agreements are materially different, they would be generally void, since the rights given were rights that impact the USWA as well as PACE members. In order to give the PACE board these benefits the USWA members also would have to approve these benefits.
Law Educator, Esq. and 8 other Legal Specialists are ready to help you