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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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Next Stop: Charlotte October 2024 - Underwriting Secondaries Deals

JD Supra: Mergers

The market for financing pools of interests in private equity funds and private credit funds continues to sizzle, with new lenders joining the market and competition on pricing leading to a tightening of spreads for the most sought after deals.

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Important RWI Considerations under the Corporate Transparency Act

JD Supra: Mergers

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. In the below legal update, the Seyfarth RWI Underwriting Counsel team describes the new filing.

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SEC Adopts Final Rules Enhancing Disclosures and Providing Additional Investor Protections Related to SPACs

JD Supra: Mergers

The SEC also provided guidance regarding underwriter status. The final rules require new enhanced disclosure requirements related to SPACs, and include new procedural protections in de-SPAC transactions. By: Troutman Pepper

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FAQs on the Q3 2023 Reps & Warranties Insurance

JD Supra: Mergers

Given the current state of the market, deal flow is down and, therefore, so is the number of submissions getting sent to representations and warranties insurance (RWI) underwriters. Underwriters are poised to strike when the market picks back up again but, in the meantime, where does that leave us? By: Woodruff Sawyer

Insurance 130
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5 Essential Tips for Tailoring Your Diligence Plan to Secure R&W Insurance in Manufacturing Deals

JD Supra: Mergers

It is no secret that a representations and warranties (R&W) insurer’s underwriting focus is informed by industry-specific risks and claims experience. For manufacturing businesses, aligning the buyer’s diligence plan and the insurer’s expectations is especially important given the need for advance planning and logistical coordination.

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European leveraged finance: A whole new world

JD Supra: Mergers

Subdued M&A pipeline and cautious underwriting by banks limit buyout financing opportunities. But as the market adjusts to the “new normal”, rate and price stability offer hope for a brighter 2024. Rising interest rates have pushed up borrowing costs and constrained issuance activity. By: White & Case LLP

Finance 161