King & Spalding's "COVID-19’s Impact on Acquisition Agreements and M&A Deal Processes" identifies key areas of focus for COVID-19 era M&A agreements, including representations and warranties, pre-closing operating and other covenants, regulatory actions/approvals, closing conditions, drop dead dates and other termination provisions, and indemnities. The memo also addresses due diligence considerations and transaction considerations relating to PPP loans and other CARES Act funding issues, including potential purchase price impacts and deal structure.
See our prior reports here: "M&A Considerations" and here: "PPP Loan Risk Allocation in M&A Transactions," and "Strategic Transaction Litigation," and additional resources on our Coronavirus (COVID-19) Resources page » M&A / Hostile Transactions. This post first appeared in the weekly Society Alert!