Monthly Archives: October 2008

Seeking MSCD Testimonials

Recently the public radio stations I listen to concluded their fall fund drives. I thought I’d attempt something analogous and repeat a previous request: The …

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“Together With”

Contract drafting is facilitated if you find the simplest way to articulate a given meaning and then stick with it. That applies to the small …

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“Cohabitation”—It’s Ambiguous

Who knows what ambiguity lurks in the heart of contracts? Well, reader Steven Sholk has an inkling, because he’s the one who told me about …

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The Structure of M&A Contracts—When Are Representations Made?

Over the course of the past few years I’ve been working sporadically on a shortish (16,000 words) manuscript entitled “The Structure of M&A Contracts.” It …

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Recession—A Good Time or Bad Time for Overhauling Your Contract Process?

In my writings and during my speaking engagements, I talk up the benefits of overhauling your contract process, templates and all. In the past few …

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Some MAC Thoughts on Hexion v. Huntsman

Last June, Hexion Specialty Chemicals announced that it was walking from its $10.6 billion acquisition of Huntsman Corp. on the grounds that the capital structure …

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Law-Firm CLE as Client Development

Yesterday I was at Dorsey & Whitney’s Minneapolis office. I gave my “Language and Layout” seminar there last year, but yesterday’s event was different. It …

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Including “And” or “Or” in a Tabulated List

For diehard fans of and and or—you know who you are!—the case of Harrity v. Target Corporation, Civ. No. 07-3958 (D. Minn. Oct. 6, 2008), might …

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“Default or Event of Default”

A few months ago a reader asked me what I thought of the phrase default or event of default. Here, belatedly, is my answer, along …

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“Thereby” in Language of Performance?

Another day, another unexpected contract usage. Today, I saw the following: Upon issuance of an oral or written work, service, or purchase order, Company thereby …

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