Earn-Out Clauses

Summary

This practice note discusses the uses and elements of an earn-out provision and considerations for M&A practitioners in drafting and negotiating earn-out clauses. This practice note contains data based on private target transactions filed in the second half of 2021 and the first half of 2022 Click here to see recent examples of publicly filed acquisition agreements containing earn-outs in Market Standards - M&A, the Practical Guidance database of publicly filed M&A deals that enables users to search, compare, and analyze over 38,000 transactions using more than 150 M&A deal points to filter search results. You can customize any search to your needs by adding filters or modifying the search criteria.