News & Analysis as of

Warranty Insurance

Newsletter Corporate - February 2017

M&A - Balance Sheet Guarantees: German case law has recently developed new requirements for drafting Balance Sheet Guarantees in Share Purchase Agreements. If not properly drafted, such Balance Sheet Guarantees may be...more

Warranty and Indemnity Insurance – Is the Silver Bullet Beginning to Tarnish?

by Latham & Watkins LLP on

Warranty and indemnity (W&I) insurance products have been marketed as a “silver bullet,” which can bridge the gap between a buyer’s wish to receive proper deal protection and a seller’s aim of a clean exit. However, as the...more

Buy-Side Warranty and Indemnity Insurance – Increased Coverage Gaps

by Reed Smith on

As warranty and indemnity insurance continues to offer bespoke policies in an ever competitive market, we consider the key considerations for buyers at the outset of a transaction and the common gaps in...more

Warranty and indemnity insurance gaining traction in ASEAN

by Reed Smith on

While the use of warranty and indemnity (W&I) insurance has become relatively commonplace in the U.S. and European M&A markets over the last decade or so, it has struggled to gain a meaningful foothold in ASEAN during the...more

An Antidote for Deal Risk: R&W Insurance

by Pepper Hamilton LLP on

In today’s robust M&A market, buyers and sellers are both looking for ways to make transactions more attractive to sellers by ensuring that they retain most of the net proceeds after the deal closes. To accomplish this, both...more

Health Care Rep and Warranty Insurance: New Solutions for Private Equity Buyers and Sellers

by Foley & Lardner LLP on

Whether in an auction or proprietary transaction, risk allocation has typically been a function of indemnities tied to reps and warranties and the type of credit supporting the type of supporting credit. Holdbacks, earnouts,...more

Mergers & Acquisitions: Trends to Watch in 2015

Canadian M&A activity increased notably in 2014, reflecting the strengthening of the global economy, particularly in the U.S. The total value of Canadian announced deals to date (all numbers as of December 1, 2014) has been...more

The Rise of Warranty and Indemnity Policies in M&A Deals

by Latham & Watkins LLP on

The use of warranty and indemnity (W&I) insurance policies in M&A deals has become increasingly popular in recent years. “This trend is becoming global,” said Rod Brown, a partner in Latham & Watkins’ Singapore office. “There...more

Analysis of Recent Trends in Warranty Insurance in Private Equity M&A Transactions

by White & Case LLP on

Although Warranty Insurance in M&A transactions was a novelty product five to ten years ago, Warranty Insurance has now become an industry standard in Europe, largely thanks to its wide use by private equity firms who have...more

Overview of Recent Trends in Warranty Insurance in M&A Transactions

by White & Case LLP on

In the current economic climate, the appetite of purchasing parties to take on risk in an M&A transaction has greatly decreased. At the same time, sellers remain under intense pressure to contain outstanding liabilities, and...more

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