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Closing with Confidence: Representations and Warranties Insurance in M&A

JD Supra: Mergers

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.

M&A 288
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Preparing for a Representations and Warranties Underwriting Call in a Merger and Acquisition Transaction

JD Supra: Mergers

When a buyer in a Merger and Acquisition (M&A) transaction seeks to obtain representations and warranties insurance (RWI), one of the key steps is the underwriting call. This call is a critical part of the insurers diligence process, where the underwriters assess the risks involved in the deal before issuing the policy.

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How To: M&A Deal Baskets and Reps & Warranties Insurance

JD Supra: Mergers

Negotiating a basket mechanism into your merger or acquisition agreement? One of the questions it pays to ask (and answer) early on is how that basket mechanism will function with the retention amount you will be negotiating into your representations and warranties insurance (RWI) policy. By: Woodruff Sawyer

Insurance 159
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What's Market: Representations and Warranty Insurance

JD Supra: Mergers

Representation and warranty insurance (“RWI”) is an increasingly important feature of private company M&A transactions. Every other year since 2005 the ABA has released its Private Target Mergers and Acquisitions Deal Point Studies (the “ABA studies”). Originally Published in Bloomberg Law. By: Goulston & Storrs PC

Insurance 171
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Key Takeaways: 2023 ABA Private Target Mergers & Acquisitions Deal Points Study

JD Supra: Mergers

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

Mergers 165
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The Impact of Underlying Insurance Policy Types on Reps and Warranties Insurance and M&A

JD Supra: Mergers

Most forms of insurance fall into one of two categories: claims-made or occurrence-based. This distinction is crucial when you are acquiring a new company and deciding how best to merge the target’s existing insurance coverage with your own. By: Woodruff Sawyer

Insurance 165
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Guide to D&O Insurance for SPAC IPOs, 2024 Edition

JD Supra: Mergers

As they go through their initial public offering (IPO) and the subsequent merger & acquisition (M&A) process, special purpose acquisition companies (SPACs) face many regulatory, legal, and business hurdles. Obtaining the appropriate amount and type of insurance for each stage of their life cycle is one of them.

IPO 165