4 New Square Chambers’ David Turner KC and Conor Ewing have written an article for The Journal of International Banking and Financial Law considering a difficulty which may arise for buyers in M&A transactions when lenders take security over warranty and indemnity insurance policies by way of assignment of the right to be paid the proceeds of a future claim.
This article suggests a better option for buyers would be to take a charge over the contractual right to be paid, rather than by receiving an assignment of the right to, the proceeds of the policy.
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