A great deal has been written about the M&A wars, including our prior alerts regarding the issues that arise when a buyer attempts to terminate a deal as a result of a seller material adverse effect (MAE) or the inability of...more
6/5/2020
/ Breach of Contract ,
CARES Act ,
Coronavirus/COVID-19 ,
Earn-Outs ,
Fiduciary ,
Force Majeure Clause ,
Loan Forgiveness ,
Mergers ,
Paycheck Protection Program (PPP) ,
Publicly-Traded Companies ,
Purchase Price Adjustment ,
Sandbagging ,
Sellers
Risk allocation between parties is a key consideration in the negotiation of merger and acquisition (M&A) agreements. These contractual provisions are garnering even more attention as deal challenges continue to arise from...more