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Category: Stand-alone Indemnities

Trends in M&A Provisions: Stand-alone Indemnities

In private company mergers and acquisitions (“M&A”) transactions, the indemnification provisions of a definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement) stand out in importance for both buyers and sellers. [ii] Standard indemnification provisions in M&A purchase agreements typically provide that the “indemnitor” (the party...