
19/09/2025
Only a few years ago, most M&A transactions in India included provisions for the seller or target entity to indemnify losses by the buyer resulting from misrepresentation or the failure to deliver on contractual warranties.
The usual practice now appears to be that parties to such transactions obtain warranty and indemnification insurance (W&I). Such cover enables buyers to recover losses resulting from breaches of representations and warranties given by the seller or the target company.
Karun Prakash of Shardul Amarchand Mangaldas & Co discusses the benefits, limitations and enhancements of warranty and indemnity insurance in Indian M&A.
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Only a few years ago, most M&A transactions in India included provisions for the seller or target entity to indemnify losses...