Complex transactions are named that way for a reason. To simplify negotiations, a good starting point is focusing on key terminology, according to a recent article by Alastair Marum and Bridget Connolly, both senior commercial counsel at BT Americas Inc. Here are a few of the terms they suggest focusing on:
• Indemnification: “Most contracts for complex transactions include numerous and onerous indemnities,” explain Marum and Connolly. Cap these indemnities, they suggest, and look for overlapping and duplicated indemnification exposure.
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