MarketWatch (09/14/12) Steve Goldstein
Industrial production fell 1.2% in August, the largest one-month percentage drop since March 2009, the U.S. Federal Reserve reported today. Hurricane Isaac’s impact on Gulf Coast region output was responsible for 0.3 percentage points of the drop, the Fed said. Economists polled by MarketWatch had expected a 0.3% drop for August. July’s growth was revised down to 0.5% growth from a previously estimated 0.6% rise.
Buyers of a business generally expect sellers to be responsible for certain liabilities relating to when the seller owned its business—a concept mergers and acquisitions professionals refer to as indemnification. Indemnification is one of the most heavily negotiated, and potentially most significant, provisions of a purchase agreement, and understanding the terminology common to such agreements is essential when negotiating a deal. Attorney Paul Pincus of Ortoli Rosenstadt LLP explains what sellers are liable for, how a seller’s liability may be limited, and how buyers may seek to fund potential indemnity claims.
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