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Contract Terms › Acquisitions › EBITDA

Buckingham, Doolittle & Burroughs, LLC

Selling a business in the current high-deal volume environment

Buckingham, Doolittle & Burroughs, LLC on

Selling a business in any environment can be challenging when planning is not addressed early in the M&A process. The challenges are heightened in the current environment where buyers are looking at multiple potential deals...more

McGuireWoods LLP

Court Applies Purchase Price Multiple to Determine Damages in Post-Acquisition Dispute

McGuireWoods LLP on

On Oct. 13, 2023, a New York federal court held that sellers who breached representations made in an asset purchase agreement were liable to the buyer for damages calculated using an implied purchase price multiple from the...more

Goodwin

Use of EBITDA in Earnouts Increased 22% in Two Years

Goodwin on

From 2020 to 2022, EBITDA became almost as prevalent as revenue metrics for determining earnout payments, according to analysis of the Goodwin Private Equity Deals Database. In 2022, EBITDA was used in 40% of earnouts, up 22%...more

Rivkin Radler LLP

Letters of Intent – Negotiating the Framework of Your Transaction

Rivkin Radler LLP on

In our last installment, we discussed some of the initial steps involved in the process of selling a dental practice, including preparing your practice for sale and finding a potential suitor. Specifically, we described ways...more

Latham & Watkins LLP

Beyond the Valuation Gap - Flexing Earnouts in the Current M&A Environment

Latham & Watkins LLP on

Increased use of earnouts is likely to facilitate M&A deals across sectors in Europe. Earnouts are increasingly common in European M&A. The growing prevalence of this contractual provision — in which additional...more

Woodruff Sawyer

Transactional Risk in M&A and Private Equity: Insurance Trends in 2022

Woodruff Sawyer on

Part of every transaction’s due diligence process is the insurance and risk management workstream. Insurance and employee benefits due diligence is becoming more and more important to private equity firms looking to protect...more

White & Case LLP

Testing Times: Insights into the Timing of Incurrence Covenant Testing

White & Case LLP on

European Leveraged Finance Alert Series: Issue 3, 2019 - Investors in high yield debt expect protections to be included in documentation in order to prevent bond issuers from taking certain actions that deteriorate credit...more

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