Close · Insurance Brokerage

Representations & Warranties Drafting for Insurance Brokerage Independent Sponsors

Securities and M&A counsel for independent sponsors drafting insurance brokerage transactions, from LOI to close to the capital markets that open up afterward.

EV range $10M to $150M EV EBITDA $3M to $25M Audience Buy-side / Sponsor
The deal context

An independent sponsor closing insurance brokerage transactions in the $10M to $150M EV range has a defined set of moves at the Representations & Warranties Drafting stage. Most of them are not in a generic M&A textbook.

The typical insurance brokerage platform sits at $10M to $150M EV with EBITDA in the $3M to $25M range. The thesis runs on regional retail agency roll-ups. Producer non-competes are unenforceable in too many states to ignore. Plan retention, not litigation.

The moves

How Representations & Warranties Drafting actually gets structured.

  1. Anchor on a modern PE-style rep package, not an asset-purchase boilerplate.

  2. Distinguish fundamental reps from general reps in survival and cap structures.

  3. Negotiate knowledge qualifiers to defined-person knowledge, not constructive knowledge.

  4. Coordinate the rep package with the R&W insurance carrier's underwriting.

  5. In insurance brokerage, layer in E&O tail insurance priced and bound as part of the Representations & Warranties Drafting workstream.

The common mistake

Drafting reps without reading the disclosure schedules. The schedules are where the risk actually lives.

Jason's take
"Reps and warranties are a risk allocation. Draft them like risk allocation."
Jason Powell · Representations & Warranties Drafting
Capital after close

The deal is one thing. The capital that opens up after close is another.

The capital that opens up post-close, from refinancing to growth equity to strategic exit, runs through a small set of Wall Street relationships. That network is built in.

MONTH 18
Senior refi
MONTH 24
Dividend recap
MONTH 36
Growth equity
YEAR 4–5
Strategic exit
WORK WITH JASON

Bring the insurance brokerage deal. Get Representations & Warranties Drafting done right.

Direct counsel from a securities and M&A attorney with billions in structured transactions, the independent-sponsor-native playbook, and the capital markets network that opens up post-close.