Allocating Acquisition Financing Risk In PE Buyouts

Law360, New York (September 27, 2012, 4:40 PM EDT) -- The string of failed deals and related litigation that followed the financial crisis that commenced in 2008 sharpened the focus of private equity buyers, target companies and their advisers on deal terms surrounding acquisition financing risk and deal certainty, with a resulting combination of provisions designed both to make a buyer’s exit from a deal more painful and to state more clearly under what circumstances a buyer can walk from a deal with well-defined limits on damages. Parties to PE buyout transactions need to be keenly...
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