Before the Session
During the Session
- What’s the “claims if true” concept?
- If an agreement includes claims “if true” language, what’s the impact on the parties if there’s a successful third-party claim based on a breach of a rep or warranty? An unsuccessful third-party claim? A claim that’s settled?
- How do buyers and sellers typically view this issue?
- Where in a merger or acquisition agreement can the “claims if true” concept be found?
- Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
- General practice tips (dos and don’ts)
- Firm-specific guidance and practices
After the Session
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