Latest / The Acquisition Talk with Fexingo: Mergers, Buyouts, and Business Sales for Operators
The M&A Indemnification Survival Trap That Wiped Out a $40 Million Deal
In this episode of The Acquisition Talk, Lucas and Luna dive into one of the most overlooked pitfalls in M&A: the indemnification survival period trap. They dissect a real-world case where a $40 million deal collapsed because the buyer failed to negotiate a longer survival window for a critical warranty breach. The hosts explain how standard boilerplate terms—typically 12 to 18 months for general indemnities—can leave buyers exposed when latent defects surface later. They walk through the specific mechanics of survival clauses, the difference between general and fundamental warranties, and…
The skinny
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