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Category: After-Tax Indemnity Limitations

After-Tax Indemnity Limitations

Published by Bloomberg Law

by Daniel R. Avery on May 10, 2021

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Since 2011, the use of after-tax indemnity limitations has steadily decreased, appearing in 32% of deals reviewed in the 2019 study. Notwithstanding potentially limited economic benefits of...

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Trends in M&A Provisions: After-Tax Indemnity Limitations

by Daniel R. Avery and Jonathan Stein on August 27, 2018

In merger and acquisition (“M&A”) 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. [2] One issue often negotiated is whether the amounts recoverable as indemnified damages should be calculated on an...

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