
This article examines how buyers and sellers are negotiating indemnity caps in private company M&A transactions, as shown in the American Bar Association’s (ABA) private target deal points studies.
INTERNATIONAL NETWORK OF LAW AND CONSULTING FIRMS
Public and privately-held international and domestic companies with cross-border and multi-country M&A transactions turn to Dan Avery, a Director, for legal representation. Dan is a member of the ABA’s committee that publishes private company M&A deal point studies and of the M&A Advisory Board for the Bloomberg M&A Law Reporter. Dan has been involved in the acquisitions or dispositions of more than 80 different businesses located throughout the U.S., Europe and Asia for domestic and international corporate buyers and sellers. Dan also represents companies involved in the retail, entertainment, music and sports industries.
This article examines how buyers and sellers are negotiating indemnity caps in private company M&A transactions, as shown in the American Bar Association’s (ABA) private target deal points studies.
In merger and acquisition transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations, warranties, and covenants, along with related indemnification obligations.
The COVID-19 has ushered in unprecedented times for our country and our global community. Certainly, the pandemic is impacting the way M&A transactions are looked at, papered, implemented, and even priced.