Hans Lundsten co-authored the article, When Buyers Erode The Protections Offered In Acquisition Agreements By Agreeing To Tax Off-Set Provisions, which is featured in the May/June 2022 issue of The Rhode Island Bar Journal. Hans co-authored the article with John F. Corrigan of John R. Corrigan Law P.C. The article discusses tax offset provisions in acquisition agreements which allow the seller to reduce its indemnity obligations to the buyer to the extent the buyer recognizes a tax savings by virtue of the event giving rise to the indemnity obligation. It points out that this type of provision is not present in many of the reported deals, that there is little support for the possibility the buyer could actually claim such a deduction and highlights concerns the buyer should address if such a provision is included in an acquisition agreement. The authors have written articles on this topic that appeared in the ABA Business Law Section on line publication and for Bloomberg.
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