First Published in The Royal Gazette, Legally Speaking, April
2019
The merger and acquisition market in Bermuda was very active
throughout 2018 with the value of deals exceeding the previous
year.
Often, the focus is on the commercial terms of a transaction and
deal protections intended to give certainty that a matter will
complete.
But what protection can a buyer expect if issues arise following
the closing of a deal?
Buyers typically want to seek protection if the position of the
company is not in-line with expectations, or a liability arises
because of an event that took place prior to closing.
These protections can take a variety of forms but will commonly
include the giving of warranties and indemnities by the seller.
