November 2, 2004
Post-Closing…or Bust? **Note: Here’s an
**Note: Here’s an interesting exchange we recently had with a reader arising from mine and Larry’s M&A Deal Points Study.**
Dear Deal Guys,
I was wondering whether one of the variables you analyzed included whether the indemnification provisions apply both pre and post closing, or just post closing? I suppose it’s arguably implicit in the findings re exclusive remedies, but I’ve often seen those provisions phrased with the intro “Provided that the Closing has occurred . . .”
On the one hand I’d be surprised if you had looked into this, but on the other, the study is so all-inclusive that I had to ask.
Thanks again for any perspective you can provide.
Inquisitive in Illinois