The Viewpoint Indemnification Provisions - Is the fight on the indemnity clause worth the effort

Bar & Bench May 17 2012

By Nandish Vyas and Pranati Ishwar 

A typical Indian acquisition transaction is incomplete unless the parties have gone through the customary debate on indemnification obligations. Indemnification related issues are one of the last few items which form part of the “open issues list” in a negotiation process of an acquisition agreement. Given the labor and effort surrounding this sometimes unending debate, this article seeks to examine the context in which indemnification rights are relevant for acquisition transactions, and also seeks to explore if there are areas where they are potentially not worth the traditional lawyerly argument . . .

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