Category: Purchase Agreement

Insights into the 2025 Deal Points Study: Navigating Baskets and the Ubiquity of Materiality Scrapes

Mar 11, 2026

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by

Martin Kreshon

in Asset Purchase Agreement, Business deals, Contract lawyer, Contracts, Materiality Scrapes, Purchase Agreement, Representations & Warranties

Risk allocation in mergers & acquisitions (M&A) isn’t just about how long a buyer has to make a claim, but how much loss must occur before a claim is valid. The 2025 ABA Study provides critical data on “baskets”—the minimum loss threshold—and the “materiality scrape,” a provision that significantly lowers the buyer’s burden of proof.…