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

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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 Wallen

Senior Director, Thought Leadership tel:720-452-5364

Kip Wallen is a senior director leading the SRS Acquiom thought leadership practice. He leverages his extensive expertise and SRS Acquiom proprietary data to produce resourceful content regularly utilized by market practitioners. Kip has broad experience in M&A and provides guidance on market standards and trends.

Previously, Kip was a Director with 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, Kip was an attorney with a Denver-based boutique business law firm where he assisted clients with M&A transactions as well as general corporate governance and securities matters.

Kip is an avid supporter of the Colorado Symphony, serving as Treasurer and Trustee. He is an active participant on the American Bar Association’s M&A Committee. In 2016, Kip completed Leadership 20 with the Denver chapter of the Association for Corporate Growth.

Kip received his J.D. from the Sturm College of Law at the University of Denver and an M.S. in Economics, B.S. in Economics and B.A. in International Relations from Lehigh University. He is a member of the Colorado bar.

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