Market Trends 2022: Representations and Warranties Insurance

Representations and warranties insurance (R&W Insurance) can be used in M&A transactions to supplement or replace traditional indemnification methods in the event of a breach of the seller’s representations and warranties. R&W Insurance can impact an acquisition agreement in many ways. When drafting an acquisition agreement, the parties should consider whether to specify the premium payor and any retention amount, how broad the seller representations and warranties can be based on the policy coverage, and how to account for liabilities that may be excluded from R&W Insurance. Check out 2022 market trends related to R&W Insurance captured by Market Standards here.            

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Related Content

• Market Standards Transactions Referencing R&W Insurance
  View publicly-filed transaction documents for private-target transactions, available in Market Standards, referencing R&W Insurance filed between January 1 and December 31, 2022, then customize the search by adding any of 150+ deal points.

• Acquisition Agreements Key Covenants Chart
  Capture the necessary actions parties should take between signing and closing, and remember to include any post-closing obligations necessary to effectuate the transfer of assets.

• Representations and Warranties Insurance: Fundamentals
  Delve into the fundamental aspects of R&W Insurance, including an overview of the underwriting of policies and the claims process.

• Stock Purchase Agreement (Representations and Warranties Insurance) (Pro-Buyer) (DE)
  Use this template as the starting point for your next acquisition agreement when the parties have agreed to procure R&W Insurance.

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