Private Acquisition Agreements Key Negotiating Points Checklist

Summary

This checklist provides an overview of key negotiating points to keep in mind when negotiating acquisition agreements for private M&A deals. A private M&A deal involves a private target not listed on a stock exchange. In a private M&A deal, there is usually a seller (or sellers) left against which the buyer can enforce post-closing indemnities or purchase price adjustment provisions after closing, whereas the diffuse ownership of a publicly-listed company makes this impracticable or impossible.