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Representations and warranties insurance: a relevant deal tool for acquisition finance?

Representations and warranties insurance: a relevant deal tool for acquisition finance?
26/09/2017 - Author/s: Filipe Santos Barata

The current acquisition environment is largely incompatible with some financial contingencies, and a buyer’s ability to exit an acquisition agreement if financing is not available at closing is very limited. As such, the creditworthiness and financial standing of a potential purchaser will be closely scrutinised by the seller, and in any business acquisition, notably in a share deal, the financing strategy needs to be clearly shaped from the outset by the purchaser while structuring the deal to ensure the availability of necessary funds to consummate the acquisition.


This article first appeared in the August 2017 issue of the Newsletter of the Banking Law Committee of the Legal Practice Division of the International Bar Association (Vol 24, No 2), and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

Download pdf:
Representations and warranties insurance: a relevant deal tool for acquisition finance?