What's Market

SEPTEMBER 19, 2022

Market Trends: What You Need to Know “Sandbagging” concepts are often the subject of intense negotiation in M&A transactions. Looking at prior ABA studies, the number of deals with pro-sandbagging provisions dropped from a high of 56% in the 2005 study to a low of 29% in the current, 2021 study.

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M&A Mergers and Acquisitions IT Insurance 52

What's Market

OCTOBER 18, 2022

asset purchase agreement, stock purchase agreement, or merger agreement—typically contains representations and warranties that the seller makes with respect to the target company. The choice of provision to be included depends on the relative negotiating strength of the parties. ” 17 C.F.R. 240.10b-5(b). Observations.

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Mergers and Acquisitions M&A Negotiation Mergers 52

What's Market

AUGUST 22, 2022

Introduction 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.

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Mergers and Acquisitions M&A Insurance Mergers 52

What's Market

SEPTEMBER 12, 2022

Introduction Disclosure schedules are a common component of an M&A purchase agreement (whether a stock purchase agreement, asset purchase agreement, or merger agreement). Disclosure schedules provide fact-specific disclosures or exceptions to specific statements relating to the seller's representations and warranties.

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M&A Mergers and Acquisitions Negotiation Mergers 52

What's Market

SEPTEMBER 6, 2022

Every other year since 2005 the ABA has released its Private Target Mergers and Acquisitions Deal Points Studies (the “ABA studies”). Market Trends: What You Need to Know RWI is an increasingly important feature of private company merger and acquisition transactions.

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Insurance Mergers and Acquisitions M&A Mergers 52

What's Market

AUGUST 15, 2022

Introduction In mergers and acquisitions (M&A) transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains provisions for post-closing purchase price adjustments. More recently, however, these escrows have become more common.

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Mergers and Acquisitions M&A Mergers Acquisitions 52

What's Market

OCTOBER 11, 2022

Introduction In private company 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. breaches of representations, warranties, or covenants.

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M&A Mergers and Acquisitions Negotiation Mergers 52