M&A Escrow Agreements: Negotiation & Drafting Strategies
Structuring Contract Terms, Dealing With Escrow Agents, Avoiding Conflicts With Acquisition Agreements
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide deal counsel in negotiating and drafting escrow agreements in M&A transactions. The panel will examine how the current regulatory landscape for financial institutions is impacting escrows, critical terms in escrow agreements, key considerations when dealing with escrow agents responsible for managing and maintaining the escrow account, and strategies to avoid creating agreement provisions that conflict with the acquisition agreement.
- Current trends in the use of escrow agreements in M&A transactions
- Key provisions in escrow agreements
- Representations and warranties
- Limitations on liability
- Agent management of escrow funds
- Indemnities for third-party costs
- Considerations in drafting and negotiating escrow agreements
The panel will review these and other key issues:
- How will the changing regulatory landscape financial institutions are facing impact decisions on how and where escrows are managed in the future?
- What are some of the pitfalls to look out for when negotiating M&A escrow agreements?
- What key terms should be carefully negotiated in escrow agreements?
- What are some best practices for parties and their counsel for working with the escrow agent?
Mr. Colindres' corporate governance practice focuses on emerging companies and venture capital, including entity... | Read More
Mr. Colindres' corporate governance practice focuses on emerging companies and venture capital, including entity formation and capital structuring and equity incentive plan matters. His practice also includes negotiating and drafting commercial and licensing agreements, including confidentiality/nondisclosure, clinical trial, distribution, development, manufacturing, VAR and OEM 2nd co-marketing agreements, terms of service/use and privacy policies.Close
Shareholder Representative Services
As Co-Founder of Shareholder Representative Services, Mr. Koenig manages operations and heads the... | Read More
As Co-Founder of Shareholder Representative Services, Mr. Koenig manages operations and heads the Professional Team. He previously practiced law at some of the nation’s most prestigious law firms, specializing in representing both public and venture-backed companies in M&As, debt and equity financings, company formations, and securities issuance and compliance.Close
Managing Director - Global Business Development
Mr. Tsarnas oversees the strategic development for his firm, leveraging its market leadership as the post-closing... | Read More
Mr. Tsarnas oversees the strategic development for his firm, leveraging its market leadership as the post-closing experts and promoting its new and innovative payments administration and escrow solutions into new markets. Prior to joining his company, he was the Managing Director at BNY Mellon, responsible for corporate, insurance & financial institution relationships within the corporate trust business.Close