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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 283
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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. By: White & Case LLP

M&A 172
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Negotiating with a Noob M&A Target? Go Easy on Them, says Delaware Chancery

JD Supra: Mergers

Buy-side executives in an M&A deal negotiate with their sell-side counterparts for months, plying them for information, assessing the seller’s weaknesses and pressure points, and even making informal entreaties when the parties’ standstill agreement says they shouldn’t —all to get the best deal for the acquirer.

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Trends and Tips for Navigating Life Sciences M&A in 2024

JD Supra: Mergers

Dealmaking in the life sciences sector comes with characteristics not typically seen in more traditional mergers and acquisitions (M&A). Deals often involve negotiating around complexities associated with both the unique nature of assets of life sciences companies and the unique industry ecosystem that brings these assets to life.

M&A 161
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Determining the Treatment of Performance-Vesting Equity Awards in M&A Transactions

JD Supra: Mergers

A common topic of negotiation in M&A transactions is how to treat performance-vesting equity awards for which the relevant performance period is not yet completed as of the closing of the deal. By: Morgan Lewis - ML Benefits

M&A 155
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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 161
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Winning the M&A Race: A Business Owner’s Guide to Successful Negotiations

PCE

And just like a runner in a race, you’ll need a well-developed strategy for negotiating from a point of strength, as well as careful execution that gets you across the finish line.