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Avoiding Materially Adverse Side Effects: Drafting and Negotiating MAE Clauses

 
What constitutes a Material Adverse Effect is one of the most critical and highly-negotiated provisions in a typical M&A transaction. Understanding the nuances of the MAE definition and how the concept is used in an acquisition agreement has serious implications for allocation of risk between the parties, and may allow a buyer to walk away from a deal. This on-demand webinar assists M&A practitioners to avoid pitfalls in negotiating these provisions. The on-demand webinar will refine comprehension of MAE clauses in private company transactions and the competing impact on buyers and sellers. The program will address considerations in drafting MAE clauses, from both the buyer’s and seller’s perspectives, and will also review critical case law and historical and current data with respect to MAE provisions.

Faculty

Eric Moskowitz

Eric Moskowitz

Morrison Cohen Llp

Agenda

Faculty

Eric Moskowitz

Eric Moskowitz

Morrison Cohen Llp

  • Partner in the New York office of McDermott Will & Emery LLP
  • Practice emphasizes private and public mergers and acquisitions, joint ventures, securities offerings and governance matters
  • Represents companies in a wide range of businesses, including companies in the media, real estate, technology, hospitality, finance and pharmaceutical industries
  • Admitted to practice in New York and Illinois
  • J.D. degree, cum laude, Northwestern University School of Law, where he served as an associate editor for the Northwestern University Law Review
  • Can be contacted at [email protected]

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