By Ara Babaian, Esq. and Durdana Karim, Esq. This is the third article in a series addressing some of the mechanisms used to allocate risks inherent …
In our last article, we discussed the purchase price considerations typically involved in mergers and acquisitions (M&A). In this article, we will focus on provisions that protect the buyer or seller against current or contingent liability, including performing due diligence, and drafting representations and warranties, indemnification provisions, and limitation on liability provisions, as well as limiting liability through disclosures made in a disclosure schedule. These provisions provide a mechanism to analyze and mitigate risk for both the buyer and seller in an M&A transaction. Learn More Risk Allocation Mechanisms in Mergers and Acquisitions: Part 3 — ADDRESSING BUSINESS CHANGES DURING A SALE
In this article, we will focus on topics relating to the purchase price, including the use of digital currency as an alternative to fiat currency, the use of non-cash considerations, purchase price adjustments, and earnout mechanisms. Learn More Risk Allocation Mechanisms in Mergers and Acquisitions: Part 3 — ADDRESSING BUSINESS CHANGES DURING A SALE