2008 Survey of Private Company Purchase Price Agreements

June 2009
The M&A Lawyer
Jorge L. Freeland

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Private company purchase agreements customarily include a purchase price adjustment in the calculation of the purchase price. While commonalities exist among most purchase price adjustments, practitioners regularly use a broad range of different methodologies and approaches when drafting them. In an effort to ascertain current market practice, we surveyed 87 private company purchase agreements that were publicly fi led in 2008 and contained purchase price adjustments (the "2008 Agreements"). The following analysis sets forth certain key fi ndings of our 2008 Survey.