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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. By: DarrowEverett LLP

M&A 286
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Tax Liability Insurance - M&A and Beyond

JD Supra: Mergers

Rather than considering an adjustment to the purchase consideration, negotiating an indemnity/escrow, self-insuring the risk. By: Ankura

Insurance 163
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Warranties and indemnities insurance take center stage in M&A transactions in Africa

JD Supra: Mergers

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.

M&A 175
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Insurers Owe Coverage for Settlement Despite Bump-Up Provision

JD Supra: Mergers

On December 4, 2019, the insured media company merged with another media company. Stockholders brought several lawsuits challenging the merger and asserted claims for breach of fiduciary duty against the insured’s directors, officers, and controlling stockholders for their roles in negotiating and. By: Wiley Rein LLP

Insurance 130
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Will New HSR Rules Lead to Costlier RWI Interim Breach Coverage?

JD Supra: Mergers

In the context of representations & warranties insurance (RWI), this change means that the interim period between a deal’s sign and close will likely also grow longer, requiring deal parties to negotiate for a longer interim breach coverage period in their RWI policies. By: Woodruff Sawyer

Insurance 157
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Adjusted EBITDA Insurance Agency

Sica Fletcher

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?

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Selling a Family Insurance Agency

Sica Fletcher

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.