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Warranty and indemnity coverage arises in mergers and acquisitions, where a buyer seeks warranties about the target's state of affairs and an indemnity for breaches. A solicitor drafts and negotiates the W&I package, reviews disclosure schedules, frames survival periods, and negotiates caps and baskets. They also assess risk allocation, coordinate with insurers, and manage claims if a warranty breach occurs, including the process for making a claim and supporting evidence in potential litigation or arbitration. This work shapes risk transfer and post‑deal stability.
What a solicitor handles in these matters
The solicitor handles precise drafting of warranties, disclosures, caps, baskets, and survival periods, coordinates with W&I insurers, and navigates potential claims or representations in the share or asset sale, protecting the buyer and/or seller from unknown liabilities.
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