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Expert Analysis

The Harry Potter Of Insurance: M&A Reps And Warranties

Law360, New York (April 17, 2013, 12:50 PM EDT) -- No less than two years ago, had one tried to initiate a conversation with a private equity sponsor or a mergers and acquisitions lawyer regarding M&A "reps and warranties" insurance (i.e., insurance designed to expressly provide insurance coverage for the breach of a representation or a warranty contained in a purchase and sale agreement (PSA), in addition to or as a replacement for a contractual indemnity), one might have gotten a shrug of the shoulders or a polite response to the effect of "let's try to negotiate around the problem instead."...

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