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Contract Terms Purchase Price Arbitration

Troutman Pepper Locke

Expert or Arbitrator? — PE Pathways Podcast

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In this episode of PE Pathways, Partners Nick Stawasz and Dan Boland discuss the distinctions between engaging an expert or an arbitrator for resolving post-closing purchase price and earnout disputes in M&A deals. The...more

Troutman Pepper Locke

Delaware Chancery Court Finds Purchase Agreement Shows Parties' 'Clear Intention' to Arbitrate Net Working Capital Dispute

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A recent opinion from the Delaware Court of Chancery reinforces the importance of using clear language when drafting dispute resolution clauses. In Agiliance, Inc. v. Resolver SOAR, LLC, No. 2018-0389-TMR, 2019 Del. Ch. LEXIS...more

Troutman Pepper Locke

Resolving M&A Price Disputes: Experts or Arbitrators?

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Merger agreements typically include post-closing purchase price adjustment provisions. A net working capital, or NWC, adjustment, for example, increases or decreases the purchase price post-closing based on a comparison of...more

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