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module five post transaction issues and cross-border and private company mergers in this module we will cover three areas not already addressed first well look at some of the most important legal issues that arise after a merger second well look at laws that come into play when an American company is the target of a foreign companies merger or acquisition third well discuss issues relating to mergers where only private companies are involved post transaction legal issues in the post merger period the merging companies may face legal issues that stem from pre merger agreements made with the US government concerning antitrust effects of the merger or that may revolve around plant closings and reduction of staff that result from many mergers lets examine these issues more closely formation of new legal entity a statutory merger where two companies merged to form a new company requires the formation of a new corporate entity it is likely that the new corporation will be incorporated un