A transactional lawyer’s role in the preparation of deal documentation centers on drafting clear and concise language. A well-drafted transaction document should accurately express the entire business deal so that the deal is understood identically by each party. While many practitioners have precedent documents that contain language which has been vetted any number of times, language around the calculation of items like working capital, indebtedness and what other adjustments to purchase might be necessary or desirable often needs to be modified based on the particular industry that is the subject of the transaction. Also, the drafting of representations, warranties and covenants can be affected by the relevant industry financial metrics. This article looks at three different financial metrics in three different industries to illustrate this point.
Consumer Branded Goods
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