• The Importance of Sandbagging Provisions from a Buyer's Perspective: What You Know May Harm You
  • July 2, 2009 | Author: Howard T. Spilko
  • Law Firm: Kramer Levin Naftalis & Frankel LLP - New York Office
  • Congratulations! You just closed an M&A acquisition on behalf of your private equity fund. You spent weeks negotiating the representations and warranties and indemnification provisions with care. You know that they will come into play soon as the seller disclosed to you at the closing table that a significant litigation arose with respect to the target business prior to closing.