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Category: Indemnification as an Exclusive Remedy

Trends in M&A Provisions: Indemnification as an Exclusive Remedy

In merger and acquisition (“M&A”) transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement) typically contains representations and warranties made by the seller with respect to the target company. [2] The scope and detail of these representations and warranties are often heavily negotiated and...
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