Express Material Adverse Event (MAE) closing condition?
Frequency/market practice: Fairly common; this is a point of substantial negotiation. This condition is becoming more and more acceptable, given the relatively long period between signing and closing in Indonesia.
Is the MAE general or specific?
Frequency/market practice: Where an MAE is accepted, it is a specific MAE.
In unpredictable situations (e.g., during the COVID-19 outbreak in 2020) we have seen parties tarting to request a specific MAE clause related to force majeure.
Is the MAE quantified?
Frequency/market practice: Rarely; this depends on the parties. However, there is a trend towards parties agreeing to a quantification of the MAE trigger.