By Mr. William Monat & Jessica H. Sicsu, Esq. & Kelly Silver, Esq. & Mr. Ian G. Ross & Ms. Khun Lebakken
This session demonstrated the give-and-take between buyers and sellers in negotiating key provisions in both domestic and cross-border deals. The discussion included a look at current M&A deal terms from the perspectives of private equity and strategic buyers and sellers, and the latest trends in negotiating key provisions. Significant consideration were given to the increasing use of transactional insurance in deal structuring and the interplay between traditional structured indemnity terms and representations and warranties coverage. The panelists also looked at methods for employing specific pricing formulations in stock swaps and “earn-out” transactions.
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