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In M&A transactions, MAE clauses are used to protect buyers against major negative changes in the company they are buying before closing. In this video, Toronto partner Andrew Bernstein and New York partner Erica Goldman discuss:

  • Differences between Canadian and U.S. use of MAE clauses
  • Recent case law that is shifting the dynamics between buyers and sellers
  • Takeaways for dealmakers; e.g., how buyers and sellers should think about MAE clauses in relationship to rep and warranty insurance

Read the transcript of this video.

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