January 14, 2021
Author(s): Christopher P. Keefe, Richard F. Langan, Jr., David A. Martland, John C. Partigan, Philip B. Taub
The Nixon Peabody MAC Survey is our study of negotiation trends involving material adverse change (MAC) clauses on M&A transactions. We are pleased to present our latest findings.
As we analyzed the deal landscape, we faced a challenge unique in the 18-year history of the NP MAC Survey: the combination of the global coronavirus pandemic and economic and political uncertainty in the United States and abroad.
Despite these factors, we found that mergers and acquisitions remain a favored approach to growth—and material adverse change (MAC) clauses continue to play an important role in M&A agreements.
We continue to observe trends in MAC clauses that demonstrate a heightened awareness of geopolitical and legal developments as they affect the dealmaking environment.
Download the Nixon Peabody 2020 MAC Survey for more information on the deals influencing this year’s survey and insights into dealmaking trends.
Nixon Peabody will continue to closely observe how the dealmaking market responds to the next stages of the pandemic and other potential developments in the months and years to come.
The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.