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Category: Damage Mitigation Provisions

Damage Mitigation Provisions

Published by Bloomberg Law

by Daniel R. Avery on March 23, 2021

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Inclusion of damage mitigation provisions in merger and acquisition agreements continue to trend upward over the seven ABA studies looking at these provisions. Damage mitigation provisions were...

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Trends in M&A Provisions: Damage Mitigation Provisions

by Daniel R. Avery and Thuy-Dien Bui on April 16, 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 scope of the parties’ respective indemnification obligations is usually among the most heavily and intensely negotiated portions...

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