Private M&A Torys Quarterly Piece Runs in PE Hub Canada

April 19, 2018

A Torys Quarterly piece authored by a team of Torys lawyers has been published in PE Hub Canada.

Partners Laurie Duke, Guy Berman, Stefan Stauder, and counsel Sophia Tolias authored the article “Market Insights: Private M&A Deal Terms,” which ran in Q2 edition of the Torys Quarterly.

PE Hub Canada ran the story, in which the authors conducted a review of the private M&A deal terms in transactions they have advised on. An excerpt from the article is below:

From our experience, we have seen that the use of R&W insurance in Canadian M&A transactions has grown significantly over the last few years.

The increasingly competitive and crowded marketplace for quality investments has encouraged prospective buyers to turn to R&W insurance as a way to distinguish their bids in competitive auctions. Meanwhile, financial sellers have continued to take advantage of strong market conditions to dispose of their investments, with R&W insurance allowing sellers to significantly reduce their overall liability exposure post-closing.

Together, these developments have given rise to smaller indemnity caps on deals that are subject to R&W insurance.

The Q2 Torys Quarterly focuses on Canadian business issues, with analysis on deal tactics and terms, cannabis governance, pipelines, sexual harassment class actions, NAFTA, Indigenous engagement best practices, and more.


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