News & Analysis as of

Purchase Agreement Risk Management Contract Terms

Hogan Lovells

How to leverage Advanced Purchase Agreements for military supply

Hogan Lovells on

The EU is introducing new regulations (EDIRPA and EDIP) to structure military procurement through pooled orders coordinated by the European Commission. Advanced Purchase Agreements (APAs), inspired by COVID-19 contracts,...more

Whiteford

Private Company M&A - Earn-Outs: Gravy on Top?

Whiteford on

Periodically, particularly during economic downturns or times of market uncertainty, the private M&A market experiences a significant increase in the use of earnouts. As was the case following the Great Recession and the...more

WilmerHale

Purchase Price Adjustments in Financial Services M&A Transactions

WilmerHale on

In most M&A deals involving private targets (including the sales of divisions of publicly traded companies), the purchase agreement will include a baseline dollar value for the target, with several adjustments. Often, the...more

Pillsbury - Global Sourcing Practice

An Early Primer on Contracting for Agentic AI Procurement

A recent code leak indicated that OpenAI is set to release its first true AI Agent. An AI agent is a system designed to perceive its environment, process information, and autonomously take actions to achieve specific goals....more

Bass, Berry & Sims PLC

COVID-19 and Material Adverse Change: M&A and Financing Considerations

Bass, Berry & Sims PLC on

The novel coronavirus (COVID-19) has already proven to have profound social, political and economic effects on the world, impacting nearly every continent, community and business sector. With the growing uncertainty about...more

Polsinelli

Minimizing the Risk of Litigation: Acquisitions

Polsinelli on

In an acquisition, part of a buyer’s goal is to make as informed a decision as possible and to close the deal efficiently and inexpensively. Costly, post-acquisition litigation is the last thing any party to a transaction...more

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