After a pandemic affected 2020, Australian and global markets bounced back strongly in 2021. M&A records were smashed as companies adapted to new ways of working and investors continued to benefit from low interest rates and easy access to capital. In Australia, the frenzied M&A market was driven by strong demand in the technology and healthcare sectors, in many cases resulting in sky-high valuations.
Our 2021 report closely analyses 94 completed private M&A transactions that Norton Rose Fulbright Australia has acted on during the calendar year and is intended to provide an empirical benchmark of Australian market practice for key private M&A negotiation points.
This report covers:
|
|
|
Key Features
- Warranty & indemnity insurance
- Foreign buyers
- Target industries
- Business v share sale
- Form of payment
- Post-completion adjustments
- Locked box
- Earn out
Conditionality
- Material adverse change
- Regulatory approval condition
- Other common conditions
- Warranties and liability limitations
- Monetary liability cap on warranty
- Limitation of liability – time limits
- Limitation of liability – buyer knowledge
- Limitation of liability - disclosure
- Warranties qualified by public searches
- Restraints
Read the full report
|
Deal Protection
- Deposit
- Break fees
- Guarantees
M&A trends to look out for in 2022
- Divestures, demergers – a focus on core capabilities
- Supply chain
- Digital transformation
- Spotlight on ESG
|
