November 06, 2017
Author(s): John C. Partigan
Our study analyzed key indemnification terms of 100 publicly filed acquisition agreements from June 1, 2016, to August 16, 2017, with transaction values ranging between $100M and $4.6B and a median transaction value of $250M. Our findings uncovered key trends relating to representation and warranty general survival periods, fundamental representations and warranties, exclusions from indemnifiable damages, materiality scrapes, indemnity basket and cap sizes, sandbagging clauses and other trends.
We hope you enjoy reading this year’s survey and that it adds value to your dealmaking strategies for the coming year.
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