Make approval policies and laundry lists readable
If you ever assessed whether a corporate action was included in a long list of required approvals between the signing and closing of a transaction
Never include operative clauses in conditions
In my series of best practice rules on drafting conditions, best practice rules 5, 6 and 7 relate to drafting in a strict sense. I
Group conditions clearly, subject-by-subject
Part three in a series of best practice rules on drafting conditions is closely related to the second one posted earlier today (click here). The
To Seller’s knowledge improved
The better alternative of the warranty qualifier “to the best of Seller’s knowledge…” is the phrase “to Seller’s knowledge“. In this blog, I will discuss
Potestative conditions – cp’s of a highly subjective nature
A condition sometimes enables one party a relatively great discretionary freedom to decide whether or not it is satisfied. If such liberty essentially means that
Entire agreement and merger clauses
Every once in a while, I address a classic miscellaneous clause. Thistime, I would like to discuss entire agreement clauses (also referred to as, amongst
Counterparts…
The counterparts clause is one of the most remarkable miscellaneous provisions of current common law practice. Apparently, over the past century, it has lost the
3. Best practice regarding the text of a definition
This is the third and last part three blogs on best practice rules for drafting and using definitions and defined terms. You’re of course very
