Negotiating M&A Deal Terms During the COVID-19 Outbreak

By: Ashley Fuhrmeister | 04.13.2020

  If you are in the process of negotiating the purchase or sale of a company’s assets, a large ownership stake in a company or some other merger or acquisition (“M&A”) transaction for a business, consider if and how COVID-19 could impact the terms of your deal, including those listed below.   1 – Purchase Price:  Before signing up a deal, the parties may want to evaluate whether the proposed purchase price should be adjusted to account for any material pandemic-related effects on Read…

Material Adverse Effect Clauses and COVID-19

By: Ashley Fuhrmeister | 03.29.2020

  Material Adverse Effect (“MAE”) clauses are frequently found in merger and acquisition (“M&A”) agreements. Most typically, MAE clauses are incorporated as a closing condition that permits a buyer to terminate the agreement if the seller has had an MAE between the signing of the agreement and the closing of the transaction. In general, the Read…