2021 Material Adverse Change (MAC) Clauses in Business Transaction

5/4/2021 was the original program date.

Most corporate deals have Material Adverse Change (MAC) provisions. These provisions distribute the risk of a MAC arising between the completion of transactional papers and the conclusion of the underlying transaction among the parties. Sellers desire confidence that a sale or other transaction will close, and therefore believe that the MAC clause should be framed extremely narrowly. Buyers desire as much freedom as possible and will claim that anything that makes the deal unappealing should be considered a MAC. Between those two competing points of view are a slew of small and technical but critical issues that must be worked out, factors that will decide whether the deal is successfully concluded, quickly and cost-effectively cancelled, or devolves into disagreement and litigation. This software will walk you through the process of utilizing and designing MAC clauses in transactions.

Developing “Material Adverse Change” rules and exemptions
MAC forms: closing conditions or representations?
The practical procedure of “proving” a MAC took place, including the burden of evidence.
What happens to the transaction if there is a MAC?
Identifying red flags in MAC clauses and effective practices for risk reduction

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