Below is a summary of the main themes and market dynamics that borrowers and lenders should keep in mind as they navigate dealmaking, refinancings, and capital allocation decisions in the second half of 2025 and beyond.

Indemnification means financially repairing the harm arising from the commission of an unlawful act. This legal duty is set forth in the law in a general and abstract fashion and is therefore seldom sufficient to address the particularities of each corporate acquisition or the interests and needs of the parties involved.

Alternative Dispute Resolution (“ADR”) has been a parallel track to court systems for dispute resolution for centuries on end.