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Experienced merger-and-acquisition practitioners will discuss critical terms in cross-border deals, including practical aspects of multijurisdictional deals and key differences between US and European law. The panel will discuss empirical data on selected deal terms, such as insurance solutions, indemnification caps, baskets, escrows, and survival periods; different structural approaches such as "lockbox" transactions; metrics of purchase price adjustments; and other terms. For example, many cross-border deals contain material adverse change clauses that have a clear meaning under Delaware law in the United States, but their application in Europe is less clear. The panel will discuss differences in various deal terms that are not always fully appreciated given the convergence in documenting cross-border deals as well as the increasing importance of insurance solutions in cross-border deals. The program is directed to those seeking a better understanding of such differences when advising executives or negotiating with foreign parties.

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Region: Canada , United States
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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