Remove 2005 Remove Negotiation Remove Stock
article thumbnail

This oil ETF is showing signs of a possible turnaround, according to the charts

CNBC: Investing

Needless to say, OIH must do a better job of first negotiating this cluster of resistance and then proving it can advance even while overbought — something it hasn't successfully done in over a year. Lastly, here is a weekly chart that goes all the way back to 2005. Historically, those moments have coincided with faded advances.

article thumbnail

Sandbagging Provisions

What's Market

Market Trends: What You Need to Know “Sandbagging” concepts are often the subject of intense negotiation in M&A transactions. Looking at prior ABA studies, the number of deals with pro-sandbagging provisions dropped from a high of 56% in the 2005 study to a low of 29% in the current, 2021 study.

M&A
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

10(b)(5) & Full Disclosure Representations

What's Market

asset purchase agreement, stock purchase agreement, or merger agreement—typically contains representations and warranties that the seller makes with respect to the target company. The choice of provision to be included depends on the relative negotiating strength of the parties. ” 17 C.F.R. 240.10b-5(b). Observations.

article thumbnail

Indemnity Baskets

What's Market

Introduction In merger and acquisition (M&A) transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains representations and warranties made by the seller with respect to the target company.

article thumbnail

Separate Escrows for Purchase Price Adjustments

What's Market

Introduction In mergers and acquisitions (M&A) transactions, the definitive purchase agreement, whether asset purchase agreement, stock purchase agreement, or merger agreement, typically contains provisions for post-closing purchase price adjustments. More recently, however, these escrows have become more common.

article thumbnail

Stand-Alone Indemnities

What's Market

Introduction In private company M&A transactions, the indemnification provisions of a definitive purchase agreement—whether asset purchase agreement, stock purchase agreement, or merger agreement—stand out in importance for both buyers and sellers. breaches of representations, warranties, or covenants.

M&A
article thumbnail

Disclosure Schedule Updating

What's Market

Introduction Disclosure schedules are a common component of an M&A purchase agreement (whether a stock purchase agreement, asset purchase agreement, or merger agreement). Disclosure schedules provide fact-specific disclosures or exceptions to specific statements relating to the seller's representations and warranties.

M&A