Don’t Skip the Boilerplate Provisions: More Than Miscellaneous

Practitioners may overlook the boilerplate provisions found in an acquisition agreement under a “Miscellaneous” article heading. But these provisions are more than just standard provisions, and they warrant specific attention to detail and negotiation. The parties may want to consider alternative dispute mechanisms; mediation requirements; jury trial waivers for appropriate jurisdictions, including certain third parties as beneficiaries; how notices are delivered to parties who change their address; attorney-client privilege protections; etc. The list is more exhaustive than one may anticipate under a generic, catch-all heading. Take a closer look at issues surrounding acquisition agreement boilerplate provisions in this Practical Guidance practice note.

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