Reducing Risk In European M&A Deals

Law360, New York (October 14, 2011, 1:09 PM EDT) -- Warranty and indemnity insurance policies (“W&I policies”) are becoming increasingly prevalent in the European market as an instrument to reduce the inherent risks associated with M&A transactions and to resolve impasses between sellers and buyers when negotiating sets of warranties in sale and purchase agreements (“SPA”).

W&I policies can be structured to protect either sellers or buyers in respect of liabilities deriving from breaches of warranties given in the context of the sale of a company or business. The use of W&I policies has significantly increased...
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