…provided, however, that…
A phrase often used by contract drafters is …provided that… or slightly longer to emphasise the break in the contract provision: …; provided, however, that…
Define the object of a condition
In this blog, I will discuss the first best practice rule on drafting conditions (or triggering events or other conditional clauses). For a list of
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
To the best of seller’s knowledge
In the category funny phrases, I will discuss the warranty qualifier “to the best of Seller’s knowledge“. It is often used in (representations and) warranties
Best practice rules on Drafting Conditions
In the forthcoming blogs, I will post my comments on each best practice rule on drafting ‘conditions’. As a step up to all those blogs,
Readability by consistency of terms: parallelisms
Parallelisms are frequently found in contracts. There are a few best practice rules in using them in order to improve the readability of a provision.
Drafting disclosures – best practice rules
There are a few best practice rules one can identify in preparing disclosures. (For a discussion of what disclosures are, click here.) Those best practice
Making disclosures – strategy
Many M&A-related contracts contain warranties. If so, the party making them will likely want to make carve-outs or to smoothen its liability exposure by making
Waivers and conditions
Before formulating a set of best practice rules on drafting conditions, I will discuss one final aspect in that context: the waiver of conditions by
