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Companies holding Environmental liabilities are exposed to far more financial degradation than the estimated cost of the cleanup itself. This is especially true if environmental liabilities become part of a merger and acquisition (M&A) transaction. The mere presence of environmental contamination can produce a virtual quagmire of unquantifiable risk. Many corporate holders of environmental liabilities are choosing to mitigate these risks through a transaction commonly referred to as an environmental liability transfer (ELT). During an M&A transaction, ELTs are used to remove environmental liabilities from the pending transaction while providing both the buy-side and sell-side with robust corporate indemnifications from and against all future environmental liability. |
