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Capital Call | Private Capital Insights in Australia

5 months ago


Debt financier liability protection in M&A documentation – are Xerox provisions the new black?

Xerox provisions have become established practice in US M&A deals. From an Australia perspective, the traditional view is that they should not be required, but we are increasingly seeing them as a requirement of US debt funding sources. Emma de Carle, Shawn Wytenburg and Rob Bradshaw take a closer look at this phenomenon and consider whether Xerox provisions are the new black.

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