December 15, 2010
2010 Canadian Private Target M&A Deal Points Study
Jim Griffin of Fulbright & Jaworski just alerted me to the release of the ABA Business Law Section’s 2010 Canadian Private Target M&A Deal Points Study, which covers share and asset acquisitions completed during 2007, 2008 and 2009 of private targets in Canada. The differences highlighted in this study – compared with their results for its US study – include a lower frequency of deals with earnouts and post-closing purchase price adjustments, some classic representations, materiality qualifiers and terms regarding indemnification, such as pro-sandbagging (a/k/a “benefit-of-the-bargain”) clauses.