This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Representations and warranties insurance (RWI) has become an increasingly common feature in mergers and acquisitions (M&A) transactions, serving as a risk management tool for both buyers and sellers. By: DarrowEverett LLP
In most M&A transactions, after the parties have negotiated the basic commercial terms, they then negotiate the warranties and indemnities (W&I). Generally, buyers want the anticipated value of their purchase without any surprises after the deal closes. By: White & Case LLP
The Private Target Mergers & Acquisitions Deal Points Study (“the Study”) is published on a bi-annual basis by the Market Trends Subcommittee of the ABA Business Law Section’s M&A Committee, which I am happy to serve on. By: Goulston & Storrs PC
The primary transaction agreement in every M&A deal contains representations and warranties, colloquially referred to as “reps and warranties” or simply “reps,” from each party to the other. Why do representations and warranties get so much attention? Reps serve four primary functions. Disclosure. Walk rights.
The following report examines the health and outlook for insuranceM&A deals in 2024. We base this research on several key findings in our proprietary SF database, which observes and records data from the top ~400 insuranceM&A buyers. Agency vs. Company: Which Is The Better InsuranceM&A Deal?
In the last two blog posts, we walked through capital structure and how it impacts M&A activities and vice versa. To be explicitly clear, I am recommending the use of the following ranked capital sources when paying for an acquisition: cash (from the balance sheet), debt (at a reasonable level), and equity.
E248: Setting Yourself Up for Success: Essential Steps, Tips, and Strategies for a Profitable Exit - Watch Here About the Guest(s): Kip Wallen is a seasoned M&A attorney with over a decade of experience in live mergers and acquisitions deals, primarily within the lower middle market, involving transactions up to $50 million.
The 2024 insuranceM&A market has changed substantially from just a few years ago, with potentially staggering implications for the future of insuranceM&A transactions. InsuranceM&A Transactions in 2024 The insuranceM&A transactions we have observed thus far in 2024 indicate larger trends in the sector.
In it, we provide readers with a quick and simple overview of the current insurance brokerage M&A market , after which we discuss several macroeconomic and industry-specific factors that could drastically affect transactions in the next six months.
This article outlines how to sell an insurance agency by chronological steps, with a quick overview of the process in the table immediately following. We also include some key insights we’ve gathered over several decades of selling insurance agencies. The two most common types of M&A buyers are: Strategic. Retirement.
The insuranceM&A market in 2024 is significantly more complex now than it was 20 years ago. However, this report seeks to make sense of these qualities as a whole to provide an overview of the 2024 insuranceM&A market.
Joel believes that a lot of the stuff that people uncover during the negotiation process should have been known before the negotiations process. Ron Concept 1: Bring the Lawyer in Last When buying or selling a small business, Joel recommends bringing the lawyer in last. Joel's advice is rooted in his own experience.
While representation and warranty (R&W) insurance continues to be used across a broad range of M&A transactions, its use has cooled as dealmakers navigate challenging market conditions. As deal flow has dwindled, competition has increased among carriers, and minimum floors largely have fallen away. of the policy limit.
Chapter 1: A Modern Due Diligence Guide for Today’s Economy Merger and acquisition (M&A) due diligence is a crucial process for businesses looking to acquire or merge with another. According to a study by Deloitte, over 90% of M&A deals fail to achieve their objectives, often due to inadequate due diligence.
To do this, he obtained his insurance and securities licenses and started helping developers raise money. Ron Concept 1: Play A Bigger Game In today's society, it's easy to get stuck in a rut. We often feel content with the status quo, and don't want to challenge ourselves to do more.
This article presents a step-by-step guide on how to value an insurance agency - both in the sense of how a valuation agency/M&A advisor goes about valuation, and also in terms of what insurance agency owners can do to maximize their valuation prior to running an M&A deal.
Insurance agency owners who are considering the prospect of running an M&A deal process often have many concerns about the fate of their agencies, but the most common by far are those surrounding the agency’s purchase price at closing. We’ll also detail some of the factors affecting these calculations.
For agency owners looking to sell their business in 2024, it’s helpful to know something about the insuranceM&A buyer landscape before going in. The following section details the insuranceM&A buyer landscape as of Q3 2024.
The following report contains our projections for Q3 2024 insurance broker valuation multiples. In addition, we categorize this data according to insurance industry specialization and by brokerage size, as measured by their annual revenue. Since H1 2023, the average insurance brokerage valuation multiple has hovered around 11.6x
Negotiating the sale of a manufacturing business can be highly stressful, but it is possible to get through it with minimal stress when armed with the right tips and strategies. To help ensure a better outcome for all parties involved, here are some top tips for negotiating the sale of a manufacturing business.
Mergers and acquisitions (M&A) are intricate transactions that demand careful attention to various legal considerations. While the basics of due diligence and contract negotiations are vital, there are less commonly discussed legal aspects that can significantly impact the success and sustainability of M&A deals.
When insurance agency sellers have already met with prospective buyers, they may have been offered a valuation based on their “adjusted EBITDA.” The following article provides a brief overview of EBITDA and adjusted EBITDA valuations for insurance agencies. What Is EBITDA? What Is Adjusted EBITDA?
This article breaks down the question, “how much is my insurance agency worth” in further detail, but the table below provides a surface-level overview based on varying degrees of revenue and operating expense: How Much Is My Insurance Agency Worth: A Breakdown Answering the question, “how much is my insurance agency worth?”
Although insurance agencies are not always family affairs, the 2024 insurance landscape reveals that between 50% and 70% of agencies are family-owned. The valuation process has a few additional considerations when selling a family insurance agency. In particular, sellers should be aware of: Family Reputation as an Asset.
The following article details the process of selling an insurance agency book of business in 2024, including deviations from the process of selling an agency, the valuation process, and common payout structures. Selling an insurance agency book of business has a few advantages over selling the agency in total. Why Sell Just the Book?
As one of the most active M&A firms in the insurance sector, we are frequently asked how insurance agency valuations work. This article discusses the fundamentals of insurance agency valuations, plus a few lesser-known factors that play into these processes before we give an overview of the insuranceM&A market in 2024.
Goulston & Storrs M&A attorney Dan Avery is a nationally recognized expert on M&A deal point trends. The most recent three of these studies (2017, 2019 and 2021) have looked at representation and warranty insurance (“RWI”) in private company M&A transactions.
For a new client, we recently had to spend a bit of time up front explaining how escrows work in M&A transactions and why they exist. The client was rightly concerned about a portion of his eventual selling price being tied up indefinitely — or even worse, never being released. Working capital escrows work in this way.
Most private M&A transactions are structured as acquisitions of stock , rather than mergers or asset purchases. However, M&A transactions are anything but basic. In later posts on The M&A Lawyer Blog, I will examine each of these sections more closely and provide a more detailed and nuanced discussion of their contents.
General trends in tech M&A. Despite everyone’s efforts in 2021, including the rollout of vaccines and varying rounds of lockdowns and work-from-home mandates, a true “return to normal” for M&A dealmakers was foiled anew by COVID-19 and its variants. Tech M&A surged to a staggering $1.1 trillion(!)
Over the last decade the use of R&W insurance in merger and acquisition transactions has grown exponentially. From 2008 to 2018, the total R&W policies bound per year in North America rose from 40 deals, providing $541 million of coverage to 1500+ R&W insurance transactions, providing aggregate coverage of $38.6 Advantages.
rn Ujwal shares his story of the first game-changing investment in Detroit, detailing his astute negotiation tactics and the progression from purchasing real estate to acquiring various businesses. rn rn rn Ujwal highlights the importance of deal flow, seeking enough opportunities to discern truly exceptional deals.
In our latest blog installment, we address common questions of business owners relating to the sell side M&A process. This insures that you will not need to start the process over again should negotiations terminate for any reason with a lead acquirer. Should sellers negotiate with more than one buyer simultaneously?
Enterprise Insurance Policies. Selling a business requires the seller to work with a team of experienced M&A professionals including an M&A accountant, an M&A attorney, an M&A business broker just to mention a few. They are verifying the claims made in the initial negotiation stages.
The usual suspects I assume the ‘standard’ checkpoints are often the first ports of call: scope, timing, pricing, customer references, technical certifications, vendor partnerships, SLAs, insurance details, system uptime, and response times. An assurance of swift support response is non-negotiable. Ask for evidence.
Every year, numerous insurance agency and broker principals attempt to sell their companies by being " Serial Daters". They are contacted by a potential buyer or solicited by someone who has sold their agency and try to negotiate with one buyer at a time. This is generally a very big mistake.
The evaluation process used by M&A professionals to transact a business sale is often quite different from the processes used by owners and executives to manage those businesses. If you’re getting involved with a merger or an acquisition, this book will help you gain a thorough understanding of what the heck is going on.
Detailed below are our “notes from the field” for tech M&A in 2019. Tech M&A hit the global regulatory crosshairs in 2019 – creating a deal environment in which regulatory clearance, timing and scope of review quickly become one of the most critical factors in assessing transaction risk.
The two legal systems that most often govern cross-border private M&A transactions are US (most commonly Delaware) law and English law. When parties execute a letter of intent in connection with an acquisition, they enter into a binding agreement to negotiate in good faith the terms set out in the letter.
RIA valuations are typically performed by one of three parties: The M&A Advisor A Third-Party Specialist The Seller Themselves Although many sellers attempt to perform their own valuations, we strongly recommend against this. We highly recommend that sellers speak with an M&A advisor before taking their company to market.
The wording of representations and warranties in a purchase agreement is critical, and ensuring their integrity is a vital role of the parties’ attorneys and, for the seller, their M&A advisor. In its survey, “2021 M&A Deal Terms Study,” SRS Acquion, Inc., six months) to long-term, perhaps as long as four years.
– Ray Drew "The SBA 7(a) is an insurance policy that helps mitigate our risk so that we can make these loans which wouldn't be approved conventionally." Beginning his journey at the young age of 22, Ray has carved a niche for himself in the small business financing sector, emphasizing SBA 7(a) loans. I'm 35 now.
Goulston & Storrs M&A attorney Dan Avery is a nationally recognized expert on M&A deal point trends. This article examines how buyers and sellers are negotiating indemnity baskets in private company M&A transactions, as shown in the American Bar Association's private target deal points studies.
We organize all of the trending information in your field so you don't have to. Join 38,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content