2022 PE-Buyer Deal Terms

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Powered by SRS Acquiom MarketStandard®, this info sheet examines 300 private M&A deals that closed in 2022 to show how select deal terms compare with a private equity buyer (a PE fund directly acquiring a target company) or a private equity-backed buyer (PE portfolio company). The data demonstrates how financial buyers might differ in M&A deal term negotiations.

Analysis is presented on the following M&A data points:

  1. No Survival of Seller’s Representations and Warranties
  2. Earnouts
  3. Consideration Mix and Use of Buyer Equity
  4. General Indemnification Escrow Size
  5. Separate Escrows for Purchase Price Adjustments

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Kip Wallen

Senior Director, Thought Leadership tel:720-452-5364

Kip Wallen is a senior director leading the SRS Acquiom thought leadership practice. He leverages his extensive expertise and SRS Acquiom proprietary data to produce resourceful content regularly utilized by market practitioners. Kip has broad experience in M&A and provides guidance on market standards and trends.

Previously, Kip was a Director with the SRS Acquiom Transactional Group, where he collaborated with clients and counsel to negotiate M&A documents including purchase, escrow, payments, and other transactional agreements. Before joining SRS Acquiom, Kip was an attorney with a Denver-based boutique business law firm where he assisted clients with M&A transactions as well as general corporate governance and securities matters.

Kip is an avid supporter of the Colorado Symphony, serving on the Associate Board and Colorado Symphony Fund Board, and the Colorado Rockies. He is an active participant on the American Bar Association’s M&A Committee. In 2016, Kip completed Leadership 20 with the Denver chapter of the Association for Corporate Growth.

Kip received his J.D. from the Sturm College of Law at the University of Denver and an M.S. in Economics, B.S. in Economics and B.A. in International Relations from Lehigh University. He is a member of the Colorado bar.

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