Thinking about materiality-scrape provisions had me pondering idly what other contract provisions are known by nicknames. Only three came to mind—ipso facto clauses, anti-sandbagging provisions, and “garden leave” clauses. A lame effort by yours truly.
There are doubtless plenty other such nicknames out there. I invite you, dear reader, to tell us any you can think of. The only rule is that a name for a given provision doesn’t count as a nickname if any element of the nickname appears in the language of the provision, including the heading. So, for example, “further assurances” and “merger” provisions don’t make the cut, and neither does “10b-5 representation.”
