In Article for The Deal, Akin Gump Corporate Lawyers Offer Tips on Getting Best Reps & Warranty Insurance in M&A Transactions
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The Deal has published the article “Top Tips for Landing the Best R&W Policy,” written by Akin Gump corporate partners David D’Urso and David Antheil and counsel Kevin Tsai. The authors outline some of the steps that dealmakers should take in order to secure the best possible representation and warranty insurance (RWI) in M&A transactions.
The article notes that M&A investors “who invest time in building an understanding of the RWI market will be the best-placed to know what to ask for and how to negotiate R&W coverage on the most attractive terms and pricing.”
As a first step, the authors write, M&A investors “should always review the scope of coverage outlined in the nonbinding indication letter, or NBIL, from insurers.” Following that, they say, there should be an examination of “the scope of heightened risks in the target’s core operations, the scope of diligence underway and any matters that may have already been noted in diligence.” Dealmakers will then be in a better position, they write, “to assess what coverage options and enhancements could be available to them.”
To read the article in its entirety, please click here.
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