Frequency/market practice: Fairly common; besides merger control clearance, which regularly has to be covered by conditions precedent, the agreement may also be subject to the obtaining of certain (legally required) approvals (e.g., by authorities or shareholders) or nonoccurrence of certain material adverse changes prior to completion of the transaction.
Frequency/market practice: Rarely actually agreed, although negotiations on MAE clauses have been seen more often since COVID-19.