Show me Yours and I’ll Show you Mine (Disclosures in an M&A Deal)

Show me Yours and I’ll Show you Mine (Disclosures in an M&A Deal)

Shoot the Moon
Shoot the Moon
Show me Yours and I'll Show you Mine (Disclosures in an M&A Deal)
/

In every deal we do, we spend a significant amount of time furnishing our clients’ data room and ensuring full disclosure on all administrative business functions.  The collection and inventory of these items are then transformed into a schedule within the SPA (stock purchase agreement) or APA (asset purchase agreement) known as the “Disclosures”.  These items are the source of truth for everything a buyer needs to know and are acknowledging the existence of the items listed.  These disclosures are usually referenced within the representations and warranties of the definitive agreements.

 

Types of things we see in disclosures:

  • Material customer contracts
  • Litigation (present, pending or imminent)
  • Employment agreements
  • Known customer issues
  • Technology issues
  • Financial liabilities
  • Conflicts of interest
  • Affiliate agreements
  • Investor commitments

 

For more information on disclosures and other items impacting your representations and warranties check out our resource section on the revenue rocket website. Or reach out anytime at info@revenuerocket.com



X