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To close valuation gaps, sponsors are turning more often to hybrid capital stacks with waterfalls, sponsor overhang, and various preferred stock structures.
A routine provision in M&A agreements can expose sellers to uncapped liability—making precise drafting of “fraud” critical to post-closing risk allocation.
Fast, high-dollar talent grabs, paired with IP licenses, are emerging as a way to move quickly while sidestepping traditional deal and regulatory hurdles.
