Conditions precedent
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Conditions precedent Start Comparison
Express Material Adverse Event (MAE) closing condition?

Frequency/market practice: Material Adverse Change (MAC)/MAE provisions are familiar to Spanish market practitioners. The decision regarding the inclusion of an MAC/MAE condition precedent in the agreement will ultimately depend on a number of factors, including the strategies and bargaining position of the parties, the length of the interim period between signing and closing, the type of deal and the nature of the business being sold.

Is the MAE general or specific?

Frequency/market practice: Specific is more common.

Is the MAE quantified?

Frequency/market practice: Fairly common.