Law.com Home Newswire LawJobs CLE Center LawCatalog Our Sites Advertise
ALM Logo tab

Login USERNAME  PASSWORD  REMEMBER ME
LJN's Equipment Leasing Newsletter

May 2008

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

By G. Thomas Stromberg and Justin Rawlins

Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.

Subscribers: click here for the full story

Non-Subscribers: click here to subscribe

Pay per view ($20.00)