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Category: Alternative Dispute Resolutions Provisions

Alternative Dispute Resolution Provisions

Published by Bloomberg Law

by Daniel R. Avery on March 3, 2021

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Overall, alternative dispute resolution provisions are becoming less common in private company merger and acquisition (M&A) transactions. Inclusion of ADR provisions has declined over the past several...

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Trends in M&A Provisions: Alternative Dispute Resolutions Provisions

by Daniel R. Avery on July 10, 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. The purchase agreement may also stipulate certain agreed upon non-judicial means for dealing with claims under the agreement...

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