Category: Contracts

Location, location, location

Posted in Contracts, M&A By Richard Thorpe

For experienced transactional attorneys, a contract to sell a business has a familiar architecture that sorts the various statements and promises of the buyer and seller by function. An assertion that a fact is or will be true? Put it in the part of the contract for representations and warranties. The seller is promising to […]

A “Consummation” Devoutly to be Avoided

Posted in Contracts By Richard Thorpe

In Fed Cetera, LLC, v. National Credit Services, Inc. (3d Cir., No. 18-1243, September 17, 2019), the court was faced with interpreting the term “consummated” in a finder’s fee agreement. The finder was to identify Federal contractors with whom the defendant would seek to become a sub-contractor, with the goal of using that experience to […]