Satisfying or fulfilling conditions
An important question in the context of many conditions is what would be required to have it satisfied (or prevent it to be fulfilled). I
Examples of covenants in ordinary course contracts
The covenants I discuss in this blog are for the smaller type of contracts. In subsequent blogs, I will address M&A-related and financial agreement related
A covenant, what the hell is that?
Agreements for major transactions often contain one or a few articles entitled or containing the term “covenants”. It is a step up to several blogs
Conditions, reasonable efforts and good faith
Most conditions require that a party undertakes to achieve a certain fact or event: that’s what the condition is about or what is implied by
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
Uncertainties and certainties in conditions
The legal concept of conditions refers to the satisfaction of something affecting a right or obligation. If the condition relates to something that exists (but
Terminology regarding conditions
This weblog addresses a few simple matters related to conditions: conditions precedent vs. conditions subsequent. It’s the prelude to drafting principles and best practice rules
Conditions as a contractual ‘exit’ right
In this second blog on conditions (for the introductory blog, click here), I would like to discuss the drakonic effect: the right to terminate on
The fiction of deem or deemed to be
Contracts sometimes contain the verb deem to create a certainty amongst the parties. This blog elaborates on this verb. The reference in a contract provision
