For M&A Attorneys
- General indemnification against breaches of reps and warranties as a percentage of purchase price
- Survival period for that indemnification
- “Basket” or deductible for breaches of reps and warranties
- Amount of funds placed in escrow or held back, as a percentage of purchase price
- Period of escrow/hold back
Professional associations and law firms produce surveys covering these provisions, but they tend to focus on larger deals and/or deals reported by public acquirers.
Our key deal term data is set apart by its focus on private deals being completed in the $10 to $250 million value range.