Remove 2013 Remove Acquisitions Remove Negotiation
article thumbnail

Material Adverse Effect Clauses

The M&A Lawyer

Otherwise, the buyer may terminate the acquisition agreement. Virtually all acquisition agreements include a formal definition of Material Adverse Effect in the Definitions section. 19, 2013). The court then ruled that Hexion was obligated to consummate the acquisition, a transaction for which financing was no longer available.

M&A 130
article thumbnail

Physician Practice Acquisitions: A Primer on Hospital & Private Equity Consolidation

InvestmentBank.com

In fact, acquisitions by hospitals and private equity in provider services broke records last year according to Bain & Co’s 2019 global healthcare report. According to a study by Avalere Health and the Physician Advocacy Institute, hospital acquisition of physician practices in the U.S. In 2009 healthcare costs consumed 17.3%

Insiders

Sign Up for our Newsletter

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

article thumbnail

Indemnity Escrows

What's Market

Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies: Indemnity escrows are consistently seen in about two-thirds or more of reported transactions.

article thumbnail

Food Distribution is Ripe for M&A

Focus Investment Banking

Large corporates have pursued acquisitions to increase their market share, grow their customer base, and/or expand their footprint. Between 2013 and 2019, food distribution generated a steady flow of deals with strategics driving the majority of activity. Download the article here.

Food 52
article thumbnail

The Cooley Outlook for 2018 M&A

Cooley M&A

No longer just “acquihires,” today’s innovation-driven acquisition is focused on talent retention. Approval of gross-ups in connection with a transaction typically involves a prior negotiation with the buyer. See ABA Private Target Mergers & Acquisitions Deal Point Study for 2016-2017.

M&A 52
article thumbnail

Shareholders vs. Stakeholders - Understanding Corporate Responsibilities

Peak Frameworks

A good illustration is the preference shares that Ford offered in 2013, which offered fixed dividends without voting rights. For example, during the acquisition of Dell by Silver Lake Partners in 2013, understanding the shareholders' interests was paramount to offering the right price and terms.

article thumbnail

Anatomy of an Asset Purchase Agreement

The M&A Lawyer

If you’d like to compare my discussion below with a sample Asset Purchase Agreement, here ‘s the APA that governed the 2013 acquisition by MSC Industrial Direct Co., In later posts, I’ll also examine each of the sections of an APA more closely and provide a more detailed and nuanced discussion of their contents.

M&A 130