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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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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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Say What You Mean: Delaware Court Finds Bump-Up Exclusion Ambiguous as Applied to Mergers Versus Acquisitions

JD Supra: Mergers

Long a feature of directors’ and officers’ (D&O) liability insurance policies, the so-called “Bump-Up” Exclusion has gotten significant attention over the last few years.

Mergers 171
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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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Mergers & Acquisitions in a Tech-Driven World: How to Prepare Your Business

Sun Acquisitions

In today’s rapidly evolving digital landscape, technology’s impact on mergers and acquisitions (M&A) is profound and multifaceted. Consider cyber insurance as an added layer of protection. Seamless integration of IT systems, processes, and cultures is vital for realizing the full potential of the merger.

Mergers 59
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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