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Buyers Terms and Conditions

Foley & Lardner LLP

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

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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

Pillsbury Winthrop Shaw Pittman LLP

Snow Phipps: No MAE or Ordinary Course Breach Related to COVID-19

Delaware Chancery Court awards specific performance after finding that buyer failed to demonstrate a material adverse effect or ordinary course breach by target and that buyer failed to use reasonable best efforts to obtain...more

Foley & Lardner LLP

Supplier Alert: Key Changes in Ford’s New Terms and Conditions

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Ford Motor Company (“Ford”) issued new Production Purchasing Global Terms and Conditions (“Terms”) related to the purchase of goods, services and tech products, including tooling and service parts purchased on or after July...more

PilieroMazza PLLC

Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

PilieroMazza PLLC

[Webinar] Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and...

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

Harris Beach PLLC

Four Tips to Help Avoid Surprises in Purchase and Sales Order Terms and Conditions

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The fast pace of modern business leaves little time to be careful about fine print legal terms, but glossing over purchase and sales order terms and conditions can lead to severe consequences for your business. Whether your...more

Benesch

Letters of Credit – Avoiding Supply Chain Interruptions

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Letters of Credit (LOCs) have long been used to minimize the financial risk of international purchase agreements. Sellers and buyers may agree to use LOCs to ensure that goods are received and payment is remitted as intended....more

Bass, Berry & Sims PLC

You “CAN” Avoid Affiliation in Negotiating an Acquisition

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Conditioned Agreements to Negotiate (CAN) - When acquiring or selling small businesses, government contractors need to be cognizant of the Small Business Administration’s (SBA) “present effect rule.” Under this rule, SBA...more

Burr & Forman

SC body bag noncompete case exhumed, revisited

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Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more

Vedder Price

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

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Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...more

Jones Day

English Court Rules on Unwinding of Distressed Debt LMA Trades

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The Situation: The English Commercial Court heard a dispute regarding a back-to-back trade of distressed debt between an upstream seller and a downstream buyer, via a "riskless principal" broker, which contained an express...more

Foley & Lardner LLP

Considering Selling Your Company? Tip #1: Set Realistic Pricing Expectations

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Nearly every founder or executive considers selling their company at one point or another. Before embarking on the complex process, it is crucial for the company leaders – especially within the ever-evolving tech community –...more

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