Drafting the Deal: The Purchase and Sale Agreement

A well drafted Purchase and Sale Agreement turns a corporate deal into an effective contract. This session will explain how to draft provisions to meet client needs and circumstances. Experienced speakers will use practical examples to provide guidance on the most challenging terms of a PSA.

Topics will include:

• Distinctions between share and asset deals and between private and public deals
• The purposes of representations and warranties
• Conditionality of the deal: closing conditions, termination rights and their effect on closing certainty
• Hot button issues in indemnification: baskets, caps, survival periods, sandbagging and scrapes
• The importance of the contractual “boilerplate”

Speakers