This CLE webinar will analyze various ways in which risks associated with the COVID-19 pandemic are currently being addressed in M&A transactions. The panel discussion will include a discussion regarding the latest M&A litigation in the wake of COVID-19 as well as key provisions such as MAE clauses, operating covenants, and reps and warranties; financing concerns; and due diligence.
Uncertainty created by the novel coronavirus has affected all aspects of M&A transactions. Valuation and deal pricing have become more difficult, resulting in greater reliance on contractual provisions. Buyers that executed deals before the COVID-19 outbreak are renegotiating deal terms or trying to get out of deals altogether, placing greater importance on pre-closing operating covenants.
Acquisition financing has also become more difficult, and deals requiring financing are taking longer to close. Financing terms are evolving to address the risks associated with COVID-19 and other deal terms are being revised in light of the new financing risk.
MAE clauses should be reconsidered in light of specific metrics, timelines, and deadlines for events that could trigger an MAE. Reps and warranties should also be expanded to address the current and future impact of the outbreak on the target, its key customers, and key suppliers.
Listen as our authoritative panel discusses the issues presented by the coronavirus epidemic and how they are currently being addressed in M&A transactions.