insights

2024 RWI Highlights: Effect of Reps and Warranties Insurance on M&A Deal Terms

Kip Wallen

Senior Director, Thought Leadership

Representations and Warranties Insurance (RWI) usage has been declining since its peak in 2021 as deal parties are taking a closer look at whether RWI is best suited to meet the specific needs of their transaction. RWI can have a significant impact on M&A deal terms and how deal parties approach indemnification needs and post-closing security. Every deal is unique, and the use of RWI should be reviewed on a case-by-case basis. In this comprehensive info sheet, we offer insights into the latest RWI trends, including

  • Declining RWI Utilization
  • Deal Dynamics
  • Indemnification and Escrow Provisions
  • Seller Reps and Warranties, Covenants

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Kip is a senior director leading the SRS Acquiom thought leadership practice, the mission of which is to share resourceful content built from SRS Acquiom expertise and proprietary data. In addition to facilitating scores of interactive presentations at M&A conferences and law firms, Kip authors a plethora of articles and data studies regularly utilized by the market. 

Previously, Kip was a part of the SRS Acquiom Transactional Group, where he collaborated with clients and counsel to negotiate M&A documents including purchase, escrow, payments, and other transactional agreements. Before joining SRS Acquiom, he was an attorney with a Denver-based boutique business law firm working on middle-market M&A deals.  

Kip holds J.D. and M.S. (Econometrics) degrees and is a member of the Colorado bar. 

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