Representations and warranties
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Representations and warranties allocating the risk in acquisition agreements by

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Published by MCLE in Boston, MA .
Written in English


  • Warranty -- Massachusetts.,
  • Vendors and purchasers -- Massachusetts.,
  • Warranty -- United States.,
  • Vendors and purchasers -- United States.

Book details:

Edition Notes

StatementLynnette C. Fallon ... [et al.].
ContributionsFallon, Lynnette., Massachusetts Continuing Legal Education, Inc. (1982- )
The Physical Object
Paginationxii, 70 p. ;
Number of Pages70
ID Numbers
Open LibraryOL16598450M
LC Control Number93079147

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  Representations and warranties insurance is an insurance policy used in mergers and acquisitions to protect against losses arising due to the seller’s breach of Author: Richard Harroch. Unfortunately, this book can't be printed from the OpenBook. If you need to print pages from this book, we recommend downloading it as a PDF. Visit to get more information about this book, to buy it in print, or to download it as a free PDF. Below is the uncorrected machine-read text.   Reps and warranties is a term used to describe the assertions that a buyer and/or seller makes in a purchase and sale agreement. Both parties are relying on each other to provide a true account of all information and supporting documents to close the transaction. The seller's representations usually relate to the information that the buyer is. Legally within contracts, expressed warranties hold up better in a court of law than implied warranties. When a contract uses the terms “representations” and “warranties” together, they blend the past, present, and future together within terms of the contract. Every contract is different, but the language is basically the same.

Representation and Warranty Framework. Representations and Warranties are a lender’s assurance that a mortgage loan sold to Fannie Mae or Freddie Mac (the Enterprises) complies with the standards outlined in the Enterprise’s selling and servicing guides, including underwriting and documentation. No Representations and Warranties. The Generico Parties understand and agree that, except as expressly set forth herein (including Section ), the Alpha Parties are not, in this Agreement, in any Transaction Agreement or any Conveyancing and Assumption Instrument or in any other agreement or document contemplated by any of the Transaction Agreements representing or warranting to in any . Representations and warranties insurance has become a popular transactional risk management tool relied upon by strategic dealmakers. As the benefits of insurance have become more widely known, and competition among insurers has put pressure on decreased pricing and expanded coverage, Aon has seen a steady rise in the use of representations and warranties insurance policies as a deal. A warranty is a contractual promise that a particular statement made is true. A breach of warranty therefore gives rise to a claim for breach of contract – the most common remedy being an award of damages. The intention behind expressing the warranties as also constituting representations is to establish potential liability in tort for.

M&A ACADEMY REPRESENTATIONS AND WARRANTIES Presenters: Will Perkins & N. Tasmin Din Novem Topics to Be Covered 1. The Basics – Understanding representations and Warranties 2. Reading the Fine Print 3. Updating Disclosure Schedules 4. Favorite examples and explanations 5. Problems of knowledge – the art of the sandbag. The myriad representations and warranties Seller provides Buyer in the purchase agreement forms the basis of what, if anything, Buyer can claim against escrow. In other words, if something Seller says is inaccurate or false and causes harm to Buyer, Buyer can make a . Seller’s Representations and Warranties. To induce Purchaser to purchase the Units, Seller represents and warrants to Purchaser the following, which shall be true and accurate on the Effective Date and on the date of Closing: AUTHORITY AND BINDING has duly and validly authorized and executed this Agreement, and has full right, title, power and authority to enter into this. Representations and Warranties Insurance — a form of coverage designed to guarantee the contractual representations made by sellers associated with corporate mergers and acquisitions. For example, the seller of a company may represent that the company's underground storage tanks are in good repair.