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Risk Mitigation Earn-Outs

DarrowEverett LLP

How Earnout Provisions Can Supply Great Value for Buyers, Sellers

DarrowEverett LLP on

Earnout provisions can be an effective tool for addressing the potential disconnect between a seller’s expectations and a buyer’s ability to pay when negotiating a business combination transaction. Earnout provisions, or...more

Tonkon Torp LLP

Earn-OUCH: Post-M&A Transaction Earn-Outs In Light Of COVID-19

Tonkon Torp LLP on

Often, the parties in a business sale will designate a portion of the purchase price to be paid out over time or otherwise made contingent on the performance of the business after the transaction is complete. This “earn-out”...more

Cooley LLP

Blog: Monetizing an Earn-Out – Does That Make It a “Security?”

Cooley LLP on

In life sciences/medical technology transactions, buyers and sellers often use milestone-based and sometimes royalty-based contingent consideration to compensate sellers for assets that are in various stages of development...more

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