Indemnification mechanisms in equity investment agreements: Critical overview with impact assessment of new legislation

JACCARD, Michel; TORAL, Mehmet. Indemnification mechanisms in equity investment agreements: Critical overview with impact assessment of new legislation. GesKR, 2/2021, p. 267–276.

Abstract (AI generated)

This contribution examines the effect of the newly revised Swiss company law provisions on standard indemnification mechanisms in investment agreements. The authors discuss in particular the payment of damages in cash by the company, in light of capital protection and the rules on disproportionate payments, and compensatory capital increases used to cover damages suffered by investors for breach of representations and warranties.