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The Allure And Pitfalls Of Earnouts: Part 2

Law360, New York (February 1, 2018, 1:29 PM EST) -- In part one of this article (recently published separately), we discussed GreenStar v. Tutor Perini, the most recent Delaware earnout decision; outlined key points relating to earnouts; and noted other major earnout-related decisions. In this part, we offer earnout-related practice points.

Prevalence of Earnouts and Certain Provisions

As noted in the first part of this article, based on the 2017 ABA Private Target Deal Study, about 28 percent of private company acquisition agreements entered into in 2016 and the first half of 2017 included earnouts. Of...
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