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Abstract: 

In recent years, a number of factors, including higher interest rates, likely resulted in fewer banking M&A closing celebrations than many expected. However, at the beginning of 2025, many industry professionals predicted that the incoming Trump administration, generally perceived to be business-friendly, would produce conditions favorable to getting banking M&A deals across the finish line. Although there continue to be reasons to remain optimistic about the 2025 banking M&A landscape as we reach the middle of 2025, uncertainties and risks remain, including those resulting from tariff policy and DOGE efforts. In this evolving environment, a potential party to a transaction may be able to mitigate risks and reduce uncertainty by negotiating a comprehensive definitive agreement tailored to address current conditions.

Keywords: Regulatory Approval; Material Adverse Change Clauses; Other Comprehensive Income; Allowance for Credit Losses; Indemnification

Affiliations:  1: Ballard Spahr LLP.