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

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 Pleister Noerr, Berlin, Germany
Marco Rizzi Bratschi AG, Zürich, Switzerland; Member, Closely Held Companies Committee Advisory Board
Richard Spink Burges Salmon, Bristol, England; Conference Coordinator, Closely Held Companies Committee