Volatility roiled the nascent crypto and Web 3.0 market in 2022 after an explosion of mergers and acquisitions the year before. That underscores the need for companies to adjust common M&A agreements in deals involving crypto or digital assets.

We reviewed 29 publicly available M&A agreements that address crypto. We discovered practitioners including crypto carve-outs to “material adverse effect,” crypto purchase price mechanics and crypto and digital asset representations and warranties.