We recently had the unfortunate situation where post-closing it was discovered that the Seller made material and repeated misrepresentations surrounding the liabilities of the business. Through structure, we've been able to mitigate the exposure but this has created a delicate situation, especially with enterprise customers. Does anyone have experience making the decision surrounding the trade-offs of unwinding a transaction vs. litigation. The breaches are numerous and clear cut - however, we are sensitive to the time and cost of pursuing litigation. Thank you.
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