What's Market

AUGUST 29, 2022

The 2017, 2019, and 2021 ABA studies each show that indemnity caps and indemnity baskets were lower in reported deals where representations and warranty insurance (RWI) was referenced in the deal documents, as compared with transactions without any such reference.

Mergers and Acquisitions 52

Mergers and Acquisitions M&A Mergers Insurance 52

What's Market

SEPTEMBER 6, 2022

It is worth noting, however, that relying solely on explicit references to RWI in M&A transaction documents as evidence of RWI's usage is potentially imperfect. The most recent three ABA studies have looked at certain RWI-related provisions in reported private company M&A agreements.

Insurance 52

Insurance Mergers and Acquisitions M&A Mergers 52

Periculum Capital

MARCH 8, 2024

PrecisionPoint is a leader in two distinct market segments: (1) providing as-built documentation to architecture, engineering and construction companies and (2) providing reality capture and technology integration services for global manufacturing and distribution companies seeking to exploit digital twin technologies. “We

Sale 52

Sale IT Capital Advisory 52

Focus Investment Banking

DECEMBER 4, 2023

Going to market with credible and reliable financials doesn’t have to be one of them. The buyer negotiates critical price reductions after finding issues in the internal financial statements. However, in the lower middle market (company value from $10mm-$250mm), most business owners do not get an audit prepared because of cost.

Valuation 52

Valuation Financial Statement M&A Food 52

What's Market

OCTOBER 11, 2022

These “general indemnities” are often subject to various limitations, including limits on the amounts available for recovery and how long the indemnities survive closing, and usually address breaches of the purchase agreement or other ancillary documents—e.g., breaches of representations, warranties, or covenants.

M&A 52

M&A Mergers and Acquisitions Negotiation Mergers 52

Cooley M&A

SEPTEMBER 25, 2020

In the event of a legitimate financing failure, a seller’s sole remedy would be to terminate the purchase agreement and collect the negotiated reverse termination fee. The types of claims that were prohibited by the transaction documents are commonly referred to as “non-retained claims.”

Debt 40

Debt Finance Finance Private Equity 40

iMerge Advisors

APRIL 19, 2025

Data Room Organization: Prepare a secure, well-structured data room with legal, financial, and operational documents. Strategic vs. Financial Buyers: Whos the Right Fit? Here are five foundational steps: Financial Readiness: Ensure GAAP-compliant financials, clean revenue recognition, and clear ARR/MRR reporting.

M&A 40

M&A Advisory Business Valuation 40

What's Market

SEPTEMBER 12, 2022

Transaction parties negotiated expanded or new representations to address the effect of Covid-19 on the target business, as well as the policies and protocols for dealing with those effects. The Covid-19 virus underscored this aspect of M&A practice.

M&A 52

M&A Mergers and Acquisitions Negotiation Mergers 52

What's Market

SEPTEMBER 19, 2022

Market Trends: What You Need to Know “Sandbagging” concepts are often the subject of intense negotiation in M&A transactions. Disincentive For the Buyer to Conduct Proper Diligence. Further, the New York cases do not address all the potential issues that may arise in such litigation.

M&A 52

M&A Mergers and Acquisitions IT Insurance 52

JD Supra: Mergers

MAY 28, 2025

In the lower middle market typically deals between $10 million and $100 million the letter of intent (LOI) serves as a pivotal document that sets the tone for the transaction, shapes the sellers expectations, and determines whether a buyer wins the right to exclusive negotiations. By: Goodwin

Middle Market 165

Middle Market M&A Negotiation 165

Lake Country Advisors

JANUARY 13, 2025

Whether you’re a small business owner or managing a middle-market company, aligning with the right expertise can make all the difference in your transaction’s success. This data-driven approach provides a comprehensive valuation, ensuring realistic expectations and a stronger position during negotiations with buyers.

Broker 52

Broker M&A Business Negotiation 52

iMerge Advisors

APRIL 12, 2025

This structure is more common in lower middle-market deals and is often preferred by buyers for its tax benefits and liability protection. Disagreements over allocation can become a sticking point in negotiations. Timing, intent, and documentation are critical. Asset Sale: The buyer purchases individual assets (e.g.,

Business 40

Business Sale M&A Capital 40