Category: Stand-alone Indemnities
Stand-Alone Indemnities
Published by Bloomberg LawMarket Trends: What You Need to Know According to the American Bar Association's eight Private Target Mergers and Acquisitions Deal Point Studies, the use of stand-alone indemnities in reported private company M&A transactions has increased from 69% in its 2007 study to 95% in 2019. This article examines the...
COVID Impact as a Standalone Indemnity in M&A Transactions
Introduction The COVID virus has ushered in unprecedented and challenging times for our country and the global community. From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments in the consumer population at large (“social distancing,” etc.), to every day, but very...
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...