Tag archives: liability caps

Liability caps around the world: a global comparison

By Troy Ungerman (Toronto) on May 24, 2018 Posted in M&A

It is common around the world for representations and warranties in private M&A transactions to survive for an agreed upon period of time after closing. During this survival period, the seller is faced with the risk that the purchaser may bring an action against it for breach of a representation or warranty. There are a … Continue reading

Trend report on indemnification provisions: what will matter to buyers and sellers in 2014

By Troy Ungerman (Toronto) on February 13, 2014 Posted in Corporate finance

Indemnification provisions are an essential component of any M&A transaction and, for obvious reasons, buyers and sellers have opposite agendas in drafting the scope and substance of their inclusion in a transaction agreement. Buyers are motivated to protect themselves from post-closing monetary damage, and the type and extent to which they can indemnify themselves is … Continue reading