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Category: Indemnity Caps

Indemnity Caps

Published by Bloomberg Law

by Daniel R. Avery on May 13, 2021

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Over the eight ABA studies (2005-2019), indemnity caps have declined as a percentage of transaction value (whether as mean or median). This decline has been fairly consistent...

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Trends in M&A Provisions: Indemnity Caps

by Daniel R. Avery on October 30, 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. [i] The scope and detail of these representations and warranties are often heavily negotiated...

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