Prepare for the worst with a MAC

Description

Abstract: In a business acquisition, a material adverse change (MAC) clause can provide a buyer with an escape hatch if an extraordinary event adversely affects the seller’s projected performance. Although MACs don’t guarantee that exits from bad deals will be without penalties, they can be a useful tool in desperate situations. And MACs can serve as a negotiating tool; the buyer and seller can discuss what events constitute an adverse change as a way to allocate risk between both parties.