Category: Purchase Price Adjustments

Here’s an example…

Posted in M&A, Purchase Price Adjustments By Richard Thorpe

Yesterday’s decision by Vice Chancellor Slights in Greenstar IH Rep, LLC and Gary Segal v. Tutor Perini Corporation et al. (Del Ch., C.A. No. 12885-VCS) highlights the recurring (for M&A counsel) question of whether the acquisition agreement should include examples of how a particular calculation should be done. In this decision, the court faced a […]

Avoiding an Accidental Arbitration of an Acquisition Agreement

Posted in Dispute Resolution, M&A, Purchase Price Adjustments By Richard Thorpe

In the world of acquisition agreements, I think it is safe to say that we commonly think of disputes and those who resolve them as falling into two buckets. If we have a disagreement over how to interpret contract language – for example, what is the proper form and delivery of a notice required under […]