
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.