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LOIs in M&A Transactions: Striking the Right Balance Between Commitment and Flexibility

JD Supra: Mergers

It outlines the key terms and mutual understanding between a buyer and seller while they progress through due diligence and work towards negotiating, preparing, and executing a definitive agreement. A letter of intent (LOI) or term sheet tends to be the first substantive document for an M&A transaction.

M&A 171
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Striking the Balance: Key Negotiation Points in Today’s Agreements

Focus Investment Banking

Striking the Balance: Key Negotiation Points in Today’s Agreements The M&A landscape is always transforming. Letters of Intent (LOIs) have evolved from brief outlines of deal terms to detailed blueprints, setting the stage for negotiations long before the purchase agreement is drafted.

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Want to Know How to Dominate Negotiations? Master Negotiation Secrets: Unlock Deals Like a Pro

How2Exit

E261: Want to Know How to Dominate Negotiations? Master Negotiation Secrets: Unlock Deals Like a Pro - Watch Here About the Guest(s): Derrick Chevalier is a seasoned negotiation expert and consultant with decades of experience in the field.

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Synthetic W&I Insurance: Broadening Warranty Protection in M&A

JD Supra: Mergers

With the evolving transactional risk market, synthetic W&I insurance has become a viable alternative when traditional W&I insurance is not available for various reasons or if there is a desire to avoid the negotiation of representations and warranties. By: White & Case LLP

Insurance 159
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ONSC Denies Claim for Acceleration of Earn-Out Payment

JD Supra: Mergers

The Court's interpretation of the SPA, including the earn-out acceleration clause and the meaning of the word "material", provides important guidance for businesses negotiating and enforcing earn-out provisions. The Ontario Superior Court of Justice recently released its decision in Project Freeway Inc. v ABC Technologies Inc.

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A Sharper Focus: Exploring VC Side Letters

JD Supra: Mergers

A side letter in the venture capital sector is an agreement between an investor and the company it is investing in that entitles the investor to certain contractual rights, which supplement and are in addition to other rights specifically provided to the investor as a holder of equity securities under the companys governance documents the documents (..)

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Creative deal structures help life sciences innovators ride out the macro storm

JD Supra: Mergers

A “wait and see” approach is the prevailing sentiment for many market participants; it is difficult to convince boards to advance deals while valuations are unpredictable, while the uncertainty surrounding tariffs is adding complexity to negotiations and long-term planning. By: A&O Shearman