6th IBA Global Entrepreneurship Conference: The Netherlands – sailing the seas of global innovation
16 May - 17 May 2022
Session information
Lessons learned in negotiating M&A transaction documentation in a post(?)-Covid world
Monday 16 May (1330 - 1430)
Committee(s)
Closely Held Companies Committee
(Lead)
Description
The pandemic caused lawyers from all over the world to think about, discuss and negotiate new contractual stipulations in M&A documentation, such as purchase price adjustment mechanisms, reps, warranties and indemnities for specific Covid-19 related risks, extended material adverse change clauses, EBIT(DA)-normalisations, shorter long-stop dates, other earn-out mechanisms, to mention but a few. What are the lessons learned so far in relevant jurisdictions?
Our panel of industry speakers and corporate lawyers will discuss the impact that Covid-19 has had on negotiating M&A transaction documentation, the issues they have faced and the solutions they have found.
Session / Workshop Chair(s)
| Paul Alexander Josephus Jitta | Buren, Amsterdam, Netherlands |
| Luciana Tornovsky | Demarest Advogados, São Paulo, Brazil; Senior Vice Chair, Closely Held Companies Committee |
Speakers
| Lycke Cappelle | LUMICKS, Amsterdam, Netherlands |
| Nicholas Dorsey | Cravath, Swaine & Moore LLP, New York, New York, USA |
| Professor Christian Carl-Wilhelm Pleister | Noerr, Berlin, Germany |
| Marco Rizzi | Bratschi AG, Zürich, Switzerland; LPD Council Member |
| Richard Spink | Burges Salmon, Bristol, England; Conference Coordinator, Closely Held Companies Committee |