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Diamond Foods, Inc. Message Board

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  • nomorehomes nomorehomes Feb 8, 2012 6:56 PM Flag

    $60M breaking fee to Procter

    So if DMND wants to do the deal and PG says no then DMND pays a breakup fee?

    No ... that is now how it is done. There are contingencies and unless PG had something to deal with DMND's walnut payments and restatements then DMND does not pay a fee.

    T's contract made T pay because it said if reg approval did not happen then T pays.

    Contracts are construed against the drafter.

    Contract Law 101.

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    • yes, it would be a judgement decision on p&g to make the call, they will not call it off...they will be able to spin the accounting issue as an error, especially not that dmnd cut loose tweedle dee and tweedle dum, it will politically allow p&g to move forward with deal.

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