Remove Definition Remove Middle Market Remove Negotiation
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Use of Knowledge Qualifiers for Representations and Warranties

What's Market

Market Trends: What You Need to Know As reflected in the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies: “Knowledge” is now almost always defined in private company transaction agreements. The parties must still negotiate the scope of the seller's knowledge.

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Periculum Advises Mi-Tech Tungsten Metals, LLC. in its Sale to Global Tungsten & Powders Corp, U.S. Affiliate of the Plansee Group

Periculum Capital

Their skillful negotiating, creativity, and unwavering commitment to me was so much more than I ever expected to receive from an M&A advisor.” About Periculum Capital Company, LLC Periculum is a leading investment and merchant banking firm serving the corporate finance needs of middle market companies.

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10(b)(5) & Full Disclosure Representations

What's Market

Introduction In M&A transactions, the definitive purchase agreement—e.g., The choice of provision to be included depends on the relative negotiating strength of the parties. How is that the right result if the buyer is a sophisticated party negotiating the topic-oriented representations and warranties? Observations.

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Separate Escrows for Purchase Price Adjustments

What's Market

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.

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12 Concepts We Can Learn From MID Market M&A to use on SMBs from How2Exit's Interview W/ John Carvalho

How2Exit

He encourages buyers to approach negotiations with a mindset of fairness and to put forth offers that reflect the true value of the business. The podcast highlights the importance and usefulness of Divestipedia in providing definitions, explanations, and insights into the world of mergers and acquisitions.

M&A 130
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Stand-Alone Indemnities

What's Market

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.

M&A 52
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Indemnity Baskets

What's Market

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.