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"Auctions: The Art of the Non-Price Bid Sweetener"

Thursday, February 8, 2018

2:00 - 2:45 pm, eastern [archive and transcript to follow]

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In a competitive auction environment, bidders are always looking for an edge over the competition - and "bid sweeteners" are one way of doing that. Come hear a panel of leading M&A lawyers and investment bankers as they discuss what non-price bid sweeteners move the needle with private sellers. Join:

  • Chuck Aquino, Managing Director, Western Reserve Partners
  • Diego Gómez-Cornejo, Partner, McDermott Will & Emery LLP
  • Soren Lindstrom, Partner, Alston & Bird LLP

Among the topics of this program are:

  • Aside from the deal price, what monetary terms can a bidder offer that are effective in improving its odds?
  • What's the best approach to reps & warranties to catch a seller's eye? Is a liberal MAE clause better than a light rep & warranty package?
  • How much can efforts to improve the timing and certainty of a deal enhance a bidder's chances?
  • Can rep & warranty insurance improve a bidder's position - or is that just the price of admission to the process these days?
  • What indemnity and escrow terms will help a bidder stand out from the competition?
  • At what point does "price conquer all?" How big a gap between bidders will cause non-bid sweeteners to lose their effectiveness?


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