8 pitfalls business owners looking to sell their company should avoid. An OnHand Counsel Introductory Guide
This Introductory Guide will help business owners who want to sell their business to anticipate and navigate 8 common pitfalls
8 pitfalls business owners looking to sell their company should avoid
This Guide will help business owners who want to sell their business to anticipate and navigate 8 common pitfalls
Share sales: what’s the difference between a warranty and a representation?
May 2013 Most share sale agreements contain a raft of warranties (statements relating to the company and the business that the sellers promise are correct) and then say that if a warranty proves to be incorrect the buyer can only make a claim for breach of contract and cannot make a claim for the tort of misrepresentation. What’s the difference?...
Knowledge and warranties – and how warranty negotiations can pan out
May 2013 A share sale agreement had a clause which said that the sellers wouldn’t be liable under the warranties to the extent that the buyer, having made due enquiries of certain members of the MBO team, was actually aware at completion of facts which would give it a claim for breach of warranty. Some of the MBO team members who became directors of the buyer did know of facts which would give the buyer a claim. So, the question was, did the knowledge of those MBO team members constitute ‘actual knowledge’ of the buyer, so that the buyer couldn’t bring a claim?...
One of several sellers giving warranties? Be careful!
May 2013 This case has a cautionary message for minority shareholders who sign up to agreements by all shareholders to sell their company...