The tightening of the credit markets and slowing of deal flow have resulted in increased attention to indemnification provisions in M&A transactions. In this program, Foley attorneys Todd B. Pfister and Catherine B. Nelson, along with PricewaterhouseCoopers Partner Kevin Kreb, discussed recent developments framing the negotiation of indemnification provisions in M&A transactions. Topics included:
- Impact of the current “buyers’ market” on indemnification provisions, including the “materiality scrape” and other trends
- Reassessing common provisions favorable to sellers such as consequential damages waivers
- Evaluating the creditworthiness of indemnitors in today’s uncertain business environment
- Recent case law to be aware of when formulating indemnification provisions
- Trends and pitfalls in the indemnification dispute resolution process
For additional information about Foley’s M&A Briefing Series, please contact Jennifer Bartz at jbartz@foley.com.
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