His financing was committed at the time he signed the merger agreement, and the banks that agreed to lend it were pretty tightly committed to the deal. They als

His financing was committed at the time he signed the merger agreement, and the banks that agreed to lend it were pretty tightly committed to the deal. They also have their own separate legal exposure and risk to their franchises if they refused to fund the debt at closing. If the financing failed to show up through no fault of the acquirer, then yes, the acquirer could terminate and pay a $1 billion break fee. But there have been recent Delaware cases that suggest an acquirer manufacturing grounds for its lenders to refuse to fund will not excuse the acquirer’s obligation to buy the company - regardless of whatever limited termination fee is written into the contract.