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

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?