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Category: Exclusion of Consequential Damages

Exclusion of Consequential Damages

Published by Bloomberg Law

by Daniel R. Avery on April 9, 2021

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Only 2% to 9% of the merger and acquisition purchase agreements covered by the studies expressly included consequential damages within the scope of indemnified losses 26% to...

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Trends in M&A Provisions: Exclusion of Consequential Damages

by Daniel R. Avery on May 24, 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 and warranties and related indemnification covenants. [2] Buyers and sellers often negotiate the scope and types of damages subject to indemnification under the purchase agreement, including...

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