Bass, Berry & Sims attorney Angela Humphreys answered the question, “What are the most common factors that make deals succeed?” for the High Stakes blog hosted by Jarrard Phillips Cate & Hancock. This post is the second in a four-part series offering insights from industry leaders on healthcare M&A trends. In response to this second question, Angela offers the following insight:
From the legal perspective, clarity of understanding around deal terms is key. That may include more specific provisions around indemnification, including fundamental representations, baskets and caps, to be negotiated in the LOI phase. In my experience, negotiating those terms on the front end avoids what can be heated negotiations later in the deal process when deal fatigue can set in.
The blog post, “Jarrard M&A Spotlight Series Part 2: Secret Sauce for Successful Deal,” was published on the High Stakes blog on July 19, 2017.