When selling a private company, Sellers understandably focus on providing bidders with a comprehensive data room packed with detailed documents and information about every aspect of their business. They expect bidders to pore...more
7/1/2025
/ Acquisitions ,
Bids ,
Buyers ,
Contract Terms ,
Corporate Culture ,
Due Diligence ,
Earn-Outs ,
EBITDA ,
Equity ,
Financing ,
Indemnification ,
Letters of Intent ,
Mergers ,
Private Equity ,
Representations and Warranties ,
Sellers ,
Valuation
Periodically, particularly during economic downturns or times of market uncertainty, the private M&A market experiences a significant increase in the use of earnouts. As was the case following the Great Recession and the...more
2/25/2025
/ Acquisitions ,
Buyers ,
Contract Terms ,
Dispute Resolution ,
Earn-Outs ,
EBITDA ,
Financing ,
Indemnification Clauses ,
Mergers ,
Private Equity ,
Purchase Agreement ,
Risk Management ,
Sellers
The Federal Trade Commission, the agency that administers the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), has announced the annual adjustments to its coverage, filing fee, and other dollar-denominated...more
2/20/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
Penalties ,
Premerger Notifications ,
Reporting Requirements
Representation & Warranty Insurance (“RWI”) is specialty insurance coverage purchased for M&A deals which provides third-party insurance coverage for certain breaches of the Seller’s representations and warranties in the...more
12/5/2024
/ Acquisitions ,
Buyers ,
Dispute Resolution ,
Due Diligence ,
Escrow Accounts ,
First-Party Coverage ,
Indemnity ,
Insurance Claims ,
Liability ,
Policy Exclusions ,
Premiums ,
Private Equity ,
Purchase Agreement ,
Representations and Warranties ,
Subrogation ,
Third-Party ,
Underwriting