You asked if anyone is driving an E93 without a warranty. I am and I know that if BMW doesn't cover the top with their extended warrranty then I don't plan to buy an aftermarket one.
I am not concerned about this top. It is not a new design but is based on the SLK's that went into production in 98. In general the top is reliable and will last a long time if the operators does lube and preserve the linkages, rubber seals which will eventually shrink causing leaks.
I have 40K miles on my E93 and bought mine in Mar 2007 picked it up in Munich in Apr 2007 arrived in the US in May 2007.
Totally reliable and never had one fault...