Placing a Reps & Warranties Policy on a Short Time Frame

As a former Reps & Warranties underwriter and M&A lawyer, I vividly recall (and still take part in) the rush of last-minute deal flow. Early mornings, late nights, weekends, holidays – the M&A market does not stop. From a Reps and Warranties underwriting perspective, last-minute deal success is paramount. Because Reps and Warranties underwriters are […]

Portfolio Insurance Programs

This is the fifth installment in the ABD M&A Advisory series titled “Finding the Upside in the Downturn” Private equity firms have always looked for ways to take advantage of cost sharing among their portfolio companies. As a result, a role was created at many private equity firms in which individuals became solely responsible for spearheading […]

It’s Time for REITs to Consider Reps & Warranties Insurance

Representation and Warranties Insurance (R&W) is a type of insurance policy purchased in connection with corporate transactions. It covers the indemnification for certain breaches of the representations and warranties in the transaction agreements. R&W policies are designed to provide additional flexibility in addressing these obligations, for example, by reducing or eliminating the need for an […]

How to Approach Reductions in Force

The third installment in the ABD M&A Advisory series Finding the Upside in the Downturn When the recession hit, I got a lot of phone calls from clients asking if they could adjust the estimated exposures on their policies downward in the middle of the policy period. This is highly irregular, but we were able […]

How Portfolio Companies Can Use Trade Credit to Insure Accounts Receivable

Portfolio company CFOs can recall the fear and uncertainty they experienced when the recession hit.  Unprecedented market dynamics caused new concerns to emerge as they determined how the financial downturn would affect their company. Some of their concerns included whether their banking partners were on solid footing: Would they change their lending practices? Could they […]