In merger and acquisition (“M&A”) transactions, the definitive purchase agreement (whether asset purchase agreement, stock purchase agreement, or merger agreement) typically contains representations ...

Outside of the representations and warranties in a purchase agreement for the purchase and sale of a business, often the other most highly negotiated provisions are the indemnification provisions.

1) Caps The ABA’s 2017 Deal Points Study in the United States (1) found that the average general indemnification cap, as a percentage of transaction value, was 14.70 percent without R&W insurance and ...

Representation and warranty insurance (RWI) protects the insured against breaches of a seller's reps and warranties contained in an acquisition or merger agreement. Representation and warranty ...

In 2017, the Canadian domestic M&A market experienced growth in the small and mid-market segments. This was especially the case in the private equity industry where the volume of transactions falling ...

With the recession and credit crunch affecting virtually all sectors of the economy, a greater proportion of company acquisitions today involve distressed companies. Whether the seller or target ...

Representation and warranty insurance (RWI) protects the insured against breaches of a seller's reps and warranties contained in an acquisition or merger agreement. The use of rep and warranty ...