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M&A Software Glossary

What is true up?

A true up is the payment that brings software usage back into line with purchased entitlement, a routine part of audit settlements and a cost a buyer can inherit at close.

What is true up? A true up is the payment that reconciles what an organisation has deployed with what it is licensed to use. When usage runs ahead of entitlement, the publisher requires a true up to close the gap, covering the additional licenses and often the back maintenance owed for the period of overuse. In M&A a true up is the dollar form of a compliance finding. It is what a buyer pays, or negotiates down, when a target has quietly outgrown its licenses before the deal.

Why a true up matters in a software deal

A true up turns an abstract compliance risk into a concrete number. During an audit or a renewal the publisher counts actual usage, sets it against entitlement, and presents the shortfall priced at the relevant metric. The figure usually opens at list price and includes back maintenance, which is why an opening demand can be several times the cost a disciplined buyer eventually settles for. Understanding the difference between the list ceiling and the likely settlement is central to defending against it.

True ups arise most often at predictable moments. A subscription renewal exposes user growth. An audit measures processors or indirect access. An integration multiplies seats overnight. In a deal context the danger is that the target has accumulated a latent true up that no one priced. It does not appear in the accounts, so standard financial due diligence misses it, and it surfaces as a publisher demand once the buyer owns the estate.

The size of a true up depends on the metric, the period of overuse, and the publisher. A named user breach is counted differently from a processor breach or an indirect access claim, and each publisher applies its own multipliers and maintenance terms. Quantifying the true up before close, with a worst case and a likely settlement, lets the buyer fold the number into price, hold it in escrow, or require an indemnity. True up negotiation is commercial and licensing advisory, not legal advice.

True up and the cost to cure

A true up is the largest component of the cost to cure, the full price of returning a non compliant estate to compliance. The cost to cure adds repurchase and remediation, but the true up is usually the headline number. Presenting it as a range, from the publisher list demand down to the expected settlement, gives the deal team a defensible figure to negotiate around rather than a single inflated number that either kills the deal or gets waved through.

True up demand against likely settlementIndexed comparison of a publisher opening true up demand at list price against the figure a disciplined buyer typically settles at.True up demand against likely settlementindexed 0 to 100Opening demand at listindex 100Likely settlementindex 52
What drives the size of a true up
DriverWhat it measuresEffect on the number
License metricUsers, processors, or indirect accessSets how the shortfall is counted
Period of overuseMonths or years non compliantAdds back maintenance owed
Publisher policyList pricing and multipliersInflates the opening demand
Negotiation leverageEvidence and timingMoves list down to settlement

Key takeaways

  • A true up is the payment that aligns software usage with entitlement.
  • It includes the license shortfall and often back maintenance for the overuse period.
  • A latent true up rarely shows in financial accounts before a deal.
  • Presenting a list ceiling and a likely settlement gives a defensible number.

Recommendations for buyers

  1. Price the shortfall correctly. Count the gap at the right metric for each publisher rather than a single blended rate.
  2. Add back maintenance. Include the support owed for the non compliant period, which publishers always fold in.
  3. Show a range. Present the list demand and the expected settlement so the deal team can negotiate.
  4. Secure the exposure. Use a holdback or indemnity so the seller funds a true up the buyer did not create.

Related reading: see the M&A software glossary hub, plus effective license position and maintenance and support.

Frequently asked questions

What is a true up payment?
It is the payment that brings deployed software usage back into line with purchased entitlement, covering the license shortfall and usually back maintenance.
When does a true up happen?
Most often at a subscription renewal, during an audit, or after an integration that multiplies users. Any moment usage is measured can expose a true up.
Is a true up the same as the cost to cure?
The true up is the largest part of the cost to cure. The cost to cure also adds repurchase, migration and remediation costs.
Can a true up be negotiated down?
Yes. Opening demands sit at list price and include back maintenance. With evidence and timing a buyer usually settles well below the opening figure.

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