Hussain Kubba
Hussain Kubba is an energy M&A lawyer based in London, advising North Sea and international clients on a variety of transactional, corporate and commercial matters across the oil and gas sector. His experience includes advising oil companies and investors on UK and international upstream transactions including mergers and acquisitions, joint ventures and commercial agreements. Hussain has also been seconded to ExxonMobil (in 2008 and 2017) and the Aberdeen offices of TAQA Bratani (in 2008).
Hussain was named as a Rising Star for Energy & Natural Resources in Super Lawyers 2014. Previously, Hussain spent seven years as a professional engineer in Ontario, Canada, and is a native Arabic speaker.
Practice Area
Panel
- Consulting Editorial Board
Qualified Year
- 2008
Membership
- Law Society of England and Wales
- Association of International Petroleum Negotiators
- Professional Engineers of Ontario
Education
- Bachelor of Engineering and Management (Mechanical) 1997, McMaster University, Hamilton ON Canada
- Graduate Diploma of Law 2005, BPP Law School, London UK
- Legal Practices Course 2006, BPP Law School, London UK
1 Contributions by Hussain Kubba
PRACTICE NOTES
Allocating Risk in Oil & Gas M&A SPAs under English Law: Warranties, Indemnities, Interim Covenants, Limitations and Other Protections
Oil & Gas M&A—SPA risk allocation
Introduction
During the due diligence phase, any matter that causes concern will be highlighted in the relevant teams’ reports (legal, technical, financial), together with recommendations on the most effective way to address it. Such reports identify the concerns, cite the responsible legal, technical and financial teams, and set out how best to resolve them. For broader guidance on diligence topics in oil and gas deals, see Practice Note: Due diligence and warranties in oil and gas M&A transactions. Commonly, the key mechanisms used within the sale and purchase agreement (SPA) to tackle identified risks, and to apportion exposure between buyer and seller, include the following:
warranties
indemnities
interim period covenants
The diligence exercise is fundamental to the contemplated acquisition, because its conclusions (legal, financial and/or technical) will shape the precise warranties and indemnities sought, as well as any bespoke purchase price adjustments and interim period covenants that the buyer will press to include in the SPA. There is no universal solution—the mix of warranties, indemnities and interim period covenants, alongside any deal-specific pricing adjustments, will be dictated by the distinct features of the particular transaction. Consequently, this Practice Note offers a general overview of...
Energy
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