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Expert Analysis

Defining Definitive Acquisition Agreements

Law360, New York (August 31, 2011, 3:34 PM EDT) -- The contents of a high percentage of asset purchase, stock purchase and merger agreements are likely to be very similar. Each of the agreements will likely (1) set forth the financial terms of the transaction; (2) have representations and warranties regarding the target's business and its legal and financial condition; (3) have affirmative and negative promises, called covenants; (4) have conditions that must be satisfied in order for the parties to be obligated to close; and (5) in the case of private company acquisitions, have indemnification provisions setting forth the rights of each party to recover damages resulting from the other's misrepresentations or breaches....

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