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Représentations

7 Keys to Indemnification in Business Sales, Part 4 of 3

Jim Thomas | Posted 01.02.2012 | Denver
Jim Thomas

Whether you are buyer or seller, here are seven elements to think about when reading an indemnification provision: scope, damages, survival, exclusivity, caps, baskets, and third parties.

Warranties & Reps in Risk Allocation in Business Sales, Part 2 of 3

Jim Thomas | Posted 12.19.2011 | Denver
Jim Thomas

No law requires a seller to make any representation or warranty when selling a company; it's purely a matter of negotiations. Custom and relative bargaining power drive those negotiations.