Published on 24 Nov 2014 • USA (National/Federal) |
Deal Size | Limited to Term Sheet | Based on Existing Credit Agreement | Usual and Customary for Similar Financings | Based on Existing Credit Agreement and Usual and Customary for Similar Financings | Sponsor Precedent | Other |
Over $5 billion | 1 (14%) | 5 (72%) | 1 (14%) | |||
$1 billion - $5 billion | 1 (7%) | 3 (21%) | 6 (43%) | 2 (14%) | 1 (7%; sponsor deal) | 1 (7%) |
$500 million - $1 billion | 2 (29%) | 4 (57%) | 1 (14%) | |||
$100 million - $500 million | 2 (17%) | 2 (17%; including one sponsor deal) | 1 (8%) | 3 (25%) | 1 (8%; sponsor deal) | 3 (25%; including one sponsor deal) |
Under $100 million | 1 (50%) | 1 (50%) |
Deal Size | Expense Reimbursement Unconditional | Contingent Expense Reimbursement | No Expense Reimbursement |
Over $5 billion | 5 (71%)) | 2 (29%) | |
$1 billion - $5 billion | 11 (79%) | 3 (21%) | |
$500 million - $1 billion | 6 (86%) | 1 (14%) | |
$100 million - $500 million | 8 (67%) | 4 (33%) | |
Under $100 million | 1 (50%) | 1 (50%) |
Deal Size | Misconduct Carve-outs Only | Misconduct Carve-outs, plus Material Breach | Misconduct Carve-outs, plus Disputes among Indemnified Parties | Misconduct Carve-outs, plus Material Breach, plus Disputes among Indemnified Parties |
Over $5 billion | 1 (14%) | 1 (14%) | 5 (71%) | |
$1 billion - $5 billion | 1 (7%) | 3 (21%) | 10 (72%) | |
$500 million - $1 billion | 1 (14%) | 1 (14%) | 1 (14%) | 4 (57%) |
$100 million - $500 million | 1 (8%) | 4 (33%) | 7 (58%) | |
Under $100 million | 1 (100%) |
Deal Size | Bifurcated Governing Law Provisions | Non-Bifurcated Governing Law Provisions |
Over $5 billion | 1 (14%) | |
$1 billion - $5 billion | 1 (7%) | |
$500 million - $1 billion | 1 (14%) | 1 (14%) |
$100 million - $500 million | 1 (8%) | 4 (33%) |
Under $100 million | 1 (100%) |