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Category: Indemnification as an Exclusive Remedy

Indemnification as an Exclusive Remedy

Published by Bloomberg Law

by Daniel R. Avery on January 5, 2021

Market Trends: What You Need to Know As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Over the time period covered by the eight ABA studies (2005-2019), the inclusion of exclusivity of remedies (EOR) provisions has become commonplace: included within 76% to 95...

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

by Daniel R. Avery on March 26, 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 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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