In this post I quote Tim Hadley’s email to me regarding how the other side to a transaction responded to his MSCD-inspired drafting.
An interesting additional aspect to Tim’s interaction with counsel representing the buyer was the cover note he added to the draft. Go here to see a PDF copy.
Tim was prompted to add his cover note by my post on preempting pushback from traditionalists (here). His note reflects a somewhat different approach. But I suspect that what approach you use is less important than the basic message that any such preemptive strike sends the other side.
