Guarantee

You wish you get it- but..?


Guaranties

When a business is sold, the buyer often requires the principal owners (or the owners who have substantial influence in the company) to guarantee that the description of the company and its business agrees with reality.

For example, the guaranties may be that the parent company owns the shares in the subsidiaries, that the value of the inventory on the balance sheet is correct, that there is no known important agreement which is in the process of being terminated, etc. If it later appears that the inventory was too highly valued in the informational material provided to the buyer, those who provided the guaranty will be liable to compensate the buyer for the difference in amount.

In the sale agreement between the seller and the buyer, the guaranties are often specified in what is called "the guaranty catalogue", which is a special part of the agreement. What guaranties are given and how large the compensation is to be for any breach of the guaranties are often the most complicated parts of the negotiation between seller and buyer.


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