Dominic A. DiPuccio’s article “Why I Loathe Materiality Scrapes (Unless I’m Representing the Buyer)” was published in the Jan. 21 issue of Crain’s Cleveland Business’ Corporate Growth & M&A featured content.
Materiality scrapes are pro-buyer provisions in M&A agreements that “read out” or disregard hard fought for materiality qualifications in representations and warranties for purposes of determining indemnifiable post-closing losses and breaches of representations and warranties.
In the article, DiPuccio discusses his frustration with these provisions and why he believes them to be clumsy and in bad form. To read the article in its entirety, click here.
DiPuccio is chair of Taft’s Mergers and Acquisitions group. He focuses his practice on mergers and acquisitions and public and private equity and debt securities offerings. He represents entrepreneurs, emerging-growth and seasoned companies, investors, venture capital and private equity funds, and real estate sponsors in a wide variety of corporate finance transactions.