While most M&A participants pay attention to the pre-closing and closing phases of an acquisition, post-closing can be a great source for stories. Experiences range from seller management being arrested by the FBI to buyers imploding just before a milestone or holdback payment is due. But the last few months are something altogether different. M&A trends have dramatically shifted, sometimes in unpredictable ways, and highly unusual world events are leading to uncommon indemnification claims or milestone issues. This article is a generalized discussion of the sorts of things we have been seeing on the post-closing side of the deal so far and include the following topics:
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1. CARES Act NOL Carrybacks
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2. Earnouts
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3. Deal Litigation
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4. Stock Settlements
