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Private Company M&A: 2021 ABA Deal Points Study

Current Market Trends in Negotiating and Drafting Private Company Acquisition Terms

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, May 25, 2022

Recorded event now available

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This CLE webinar will examine the results of ABA's 2021 survey of private company M&A deal terms. The discussion will include financial provisions, prevailing qualifiers that pop up throughout purchase agreements, representations and warranties, indemnification provisions, reps and warranties insurance provisions, and more. The panelists will also discuss the dos and don'ts of how to use this and any other study.


The ABA's 2021 survey of private company M&A deal terms was based on publicly available acquisition agreements for transactions for which agreements were executed in 2020 and the first quarter of 2021 and that involved private targets being acquired by public companies. It reveals some interesting trends in M&A and provides a road map for what is "market" with regard to various provisions in acquisition documents.

Listen as our authoritative panel analyzes some of the highlights of the survey, and how they might affect deal counsel's approach to negotiating M&A documents.



  1. Background on the ABA Deal Points Study
  2. Target study sample overview
  3. Survey results
    1. Financial provisions
    2. Pervasive qualifiers
    3. Representations and warranties
    4. Covenants
    5. Closing conditions
    6. Indemnification
    7. Rep and warranty insurance
    8. Dispute resolution
  4. Applying the study in deal negotiations


The panel will review these and other important issues:

  • What deal sizes and industries are represented in the deal points study?
  • What are the most significant trends identified in the study?
  • How can counsel apply different aspects of the study in negotiating and drafting M&A deal terms?


Paterno, Tatjana
Tatjana Paterno

Bass Berry & Sims

Ms. Paterno has represented numerous national companies and private equity firms in M&A transactions valued at...  |  Read More

Pearlman, Jessica
Jessica C. Pearlman

K&L Gates

Ms. Pearlman represents companies in various corporate, securities and finance matters, with an emphasis on...  |  Read More

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