Market Trends: What You Need to Know - Based on the American Bar Association's Private Target Mergers and Acquisitions Deal Points Studies: - Purchase.
In Transdev on Demand, Inc. v. Blackstreet Investment Holdings the Delaware Court of Chancery granted in part and denied in part the plaintiff’s motion to dismiss the defendant’s counterclaims. As stated by the court, at issue was an unusual contract.
Market Trends: What You Need to Know
Based on the American Bar Association s Private Target Mergers and Acquisitions Deal Point Studies:
Purchase price adjustments continue to be commonplace in M&A agreements. In the 2019 study, they were included in 95% of reported deals.
Working capital is the most common purchase price adjustment metric, included in 92% of deals from the 2019 ABA study.
The buyer now almost always prepares the initial post-closing purchase price adjustment calculation. This was the approach for 99% of reported deals in the 2019 study.
Increasingly, M&A deals include an estimated purchase price adjustment true-up at closing, as reflected in 97% of reported transactions in the 2019 study.