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Sellers Force Majeure Clause

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

Foley & Lardner LLP on

Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more

Foley & Lardner LLP

Force Majeure Tug-of-War: Competing Interests of Buyers and Sellers Negotiating Force Majeure Protections in Supply Chain...

Foley & Lardner LLP on

It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...more

Sheppard Mullin Richter & Hampton LLP

The Impact of COVID-19 on M&A Transactions - Part 2: Deal Terms

The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is...more

White and Williams LLP

M&A Wars Continued: Does the Seller Have an Exit Strategy?

A great deal has been written about the M&A wars, including our prior alerts regarding the issues that arise when a buyer attempts to terminate a deal as a result of a seller material adverse effect (MAE) or the inability of...more

King & Spalding

TRANSACTIONAL: Project Development/Finance: Key Considerations in Energy Take-or-Pay Contracts

King & Spalding on

Perhaps the most common type of off-take contract in a large scale energy project is the take-or-pay contract. A properly constructed take-or-pay contract provides the seller with an assured revenue stream that ensures an...more

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