· Insight

ESG guarantees in company purchase agreements

Original: “ESG-Garantien im Unternehmenskaufvertrag”

This article deals with the integration of ESG aspects into company purchase agreements, particularly in the M&A context. It examines the necessity of including ESG guarantees in purchase agreements and sheds light on the practical design of possible contractual clauses. The article discusses the challenges of formulating and enforcing such ESG guarantees and highlights potential solutions with regard to the legal consequences of ESG guarantee breaches. The article is primarily aimed at corporate buyers and sellers, as well as their advisors, who are increasingly dealing with ESG issues in transaction practice.

in: M&A REVIEW, 35th volume, 04/2024, April 10, 2024, 157-160
Authors: Daniel Zhu
Daniel Zhu
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