8-KMaterial AgreementsRegulation FD

BROWN & BROWN, INC. 8-K Report, Material Agreement (Dec 16, 2011)

Filed December 16, 2011For Securities:BRO

Summary

Brown & Brown, Inc. (BRO) announced on December 15, 2011, a significant acquisition through a merger agreement with Arrowhead General Insurance Agency Superholding Corporation. This transaction involves the acquisition of Arrowhead for a base cash consideration of $395.0 million, with potential adjustments for working capital, debt, and other factors. An additional earn-out payment of up to $5.0 million is contingent on Arrowhead's future performance. This acquisition represents a strategic move by Brown & Brown to expand its operations, particularly within the insurance agency sector. Investors should note the financing strategy, which will be a combination of existing cash and new third-party financing. The closing of the merger is subject to customary conditions, including regulatory approval and required consents, with a termination date set for February 13, 2012.

Key Highlights

  • 1Brown & Brown, Inc. entered into a definitive agreement to acquire Arrowhead General Insurance Agency Superholding Corporation for approximately $395.0 million in cash.
  • 2The acquisition includes a potential earn-out of up to $5.0 million, payable within 60 days following the third anniversary of the merger's closing, based on Arrowhead's EBITDA performance.
  • 3The transaction is structured as a merger, with Brown & Brown's subsidiary, Pacific Merger Corp., merging with and into Arrowhead.
  • 4Financing for the acquisition will be a mix of the company's available cash and new third-party financing.
  • 5The closing of the merger is contingent upon standard conditions, including the expiration of the Hart-Scott-Rodino waiting period and required consent from certain insurance companies.
  • 6Either party has the right to terminate the agreement if the merger is not closed by February 13, 2012.
  • 7The company also announced the execution of the agreement via a press release, which is attached as an exhibit.

Frequently Asked Questions

This 8-K filing announces Brown & Brown, Inc.'s entry into a material definitive agreement for the acquisition of Arrowhead General Insurance Agency Superholding Corporation through a merger.

The initial cash consideration is $395.0 million, subject to adjustments. Additionally, there is a potential earn-out payment of up to $5.0 million based on Arrowhead's future performance over three years.

The company plans to finance the transaction using a combination of its available cash and new third-party financing. They may also utilize existing financing agreements.

Key conditions include the expiration or termination of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act and the receipt of written consents from certain insurance companies with which Arrowhead does business. The merger must also close by February 13, 2012, or either party can terminate the agreement.