Unlocking value in distressed sales, restructurings, and insolvencies through risk transfer
Warranty and indemnity (W&I), tax liability and contingent risk insurance policies have become well-established tools in any M&A practitioner’s kit. However, these tools are not as well known amongst restructuring and insolvency practitioners as plausible solutions in managing their clients’ as well as their own legal and tax risk exposures.
These bespoke solutions may be utilised to provide certainty, unlock capital held in escrow, release cash provisions and accelerate outcomes or realisations that would otherwise be delayed by legal, tax or valuation contingencies.
In this publication, we seek to draw attention to the different ways in which various M&A insurance solutions may be used to achieve the above results, using real-life situations as case studies.
Who will benefit from this? CEOs, CFOs, Commercial Heads, Corporate/M&A Lawyers, General Counsels, In-house M&A teams, M&A/Financial Advisors, Procurement Heads, Risk Managers, and Treasurers.
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