September 13, 2019

Coming to America - European M&A Deal Terms are Increasingly Found in U.S. Deals

The program focuses on M&A seller-friendly deal terms originating from Europe which are increasingly found in the U.S. in the context of cross-border deals. Transactions featuring these seller-friendly deal terms are not yet common, and the program’s objectives are to discuss some of these deal terms so that U.S. attorneys become familiar with them, identify the issues relevant to their client in the context of a particular transaction, and provide some drafting tips to ensure that their client’s interests are adequately protected. With the current deal environment, including the prevalence of auctions and increased sell-side private equity activity (both primary and secondary exits) some of these seller-friendly deal terms may eventually become commonplace in America.