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Category: Stand-alone Indemnities

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...