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Conferences and Speeches

Strafford Publications Webinar: Financing Contingencies in Merger Agreements: Negotiating Buyer Reps, Target Covenants, and Commitment Letters

Wednesday, May 26, 2021
01:00 PM - 02:30 PM ET
12:00 PM - 01:30 PM CT
10:00 AM - 11:30 AM PT

Partners Matthew Schernecke and Kristen Campana will present in a Strafford live webinar titled, “Financing Contingencies in Merger Agreements: Negotiating Buyer Reps, Target Covenants, and Commitment Letters.” During this 90-minute program, Matt and Kristen will analyze buyer reps and warranties, target company covenants to cooperate, and other terms typically included in M&A agreements to address financing contingencies. They will also discuss the negotiation and drafting of a financing commitment between the buyer and its lender and how a commitment is reflected in a merger agreement.

TOPICS WILL INCLUDE:

  • Why is specificity in M&A financing commitments so important in contrast to other commercial financing transactions?
  • What kind of input might the target have in negotiating a financing commitment?
  • To what extent are buyer financing reps and warranties affected by the financing commitment?
  • What does the lender typically require in its due diligence of the target, and how is that reflected in the commitment and the merger agreement?