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Hawaii Negotiating and Drafting Further Assurances and Pre-Closing Assurances Provisions

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This form provides boilerplate contract clauses that give further assurances and pre-closing assurances to the various parties of the contract agreement. Several different language options are included to suit individual needs and circumstances.

Hawaii has its unique set of laws and regulations concerning negotiating and drafting further assurances and pre-closing assurances provisions in various business transactions. These provisions are an essential part of ensuring a smooth transition during mergers, acquisitions, and other business deals. Understanding the different types of provisions and their significance is crucial for successful negotiations and drafting. 1. Hawaii Further Assurances Provisions: Under Hawaii law, further assurances provisions aim to secure the parties' commitment to fulfill any additional obligations required to complete a transaction successfully. These provisions typically obligate the parties involved to take necessary actions post-closing to resolve any outstanding issues, complete necessary documentation, or provide assistance in resolving potential obstacles. Keywords: Hawaii, further assurances provisions, post-closing obligations, documentation, assistance, resolving issues. 2. Hawaii Pre-Closing Assurances Provisions: Pre-closing assurances provisions focus on the commitments preceding the completion of a transaction. These provisions outline the necessary steps and assurances required from each party prior to the closing date. They often include requirements such as obtaining necessary regulatory approvals, satisfying specific conditions, providing required disclosures, or ensuring the accuracy of representations and warranties. Keywords: Hawaii, pre-closing assurances provisions, regulatory approvals, conditions, disclosures, representations, warranties. 3. Hawaii Negotiating and Drafting Specific Provisions: Apart from the general further assurances and pre-closing provisions, Hawaii negotiating and drafting may require specific provisions tailored to the transaction or specific industry. These provisions can involve unique considerations, such as regulatory compliance, environmental impact, employment agreements, intellectual property protection, or contractual obligations specific to Hawaii's laws. Keywords: Hawaii, negotiating, drafting, specific provisions, regulatory compliance, environmental impact, employment agreements, intellectual property, contractual obligations. In conclusion, negotiating and drafting further assurances and pre-closing assurances provisions in Hawaii necessitate a thorough understanding of the distinct legal requirements and considerations specific to the state. By utilizing relevant keywords and having a strong grasp of the different types of provisions involved, parties can ensure compliance, smooth transactions, and minimize potential risks.

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By Practical Law Commercial. A boilerplate further assurance clause that seeks to ensure that the parties carry out any additional acts necessary to give effect to the contract, including the procuring of such acts by third parties.

If one party learns that the other is facing financial trouble, for example, the further assurances clause allows them to request assurances from the party in question to prove that no financial problems actually exist. A further assurance clause may appear in a number of different places within a contract.

This clause provides a buyer with the assurance that their right to possess the property won't be negatively impacted by any legal claims made against the property by a third party.

Further assurance clauses are intended to create legal obligations requiring one or more of the parties to a contract to commit to do unspecified acts to reassure the other party will do what is reasonable or necessary to bring home the full benefit of the contract.

Each party agrees to perform any further acts and execute and deliver any further documents that may be reasonably necessary to carry out the provisions and intent of this Agreement.

A further assurances clause is used to evidence the agreement of the contracting parties to do everything necessary to complete the transactions contemplated by the contract.

A good example of this is with an automobile dealership selling a car that requires financing. The dealer's covenant of assurance to the finance company is the assurance the title is perfected by filling out the proper paperwork reflecting the finance company having a lien against the car as collateral for the loan.

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This form provides boilerplate contract clauses that give further assurances and pre-closing assurances to the various parties of the contract agreement. Search Further Assurances contract clauses from contracts filed with the Securities and Exchange Commission.6.3 Terms of further assurances. The Agent may specify the terms of any document to be executed by the Borrower or any other party under Clause 6.1, ... Add the Negotiating and Drafting Further Assurances and Pre-Closing Assurances Provisions for editing ... more. Complete this form in 5 minutes or less. Get form ... EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THE MERGER AGREEMENT OR ANY ANCILLARY AGREEMENT, ALL ASSETS, BUSINESSES AND LIABILITIES TO BE TRANSFERRED ... Section 2.18 Certification of Employment of State of Hawaii Residents ................ Section 2.19 Cancellation of Invitation for Bids After Bid Opening ...... fulfill its own conditions to closing and use the failure of those conditions as a pretext for refusing to close. A further assurances provision is common in ... by CB Sheppard · 2003 · Cited by 12 — 4 1 A buyer can militate against the conse- quences of the existence of such a violation by negotiating for and receiving contract covenants or warranties from ... Practice: Byron F. Egan is a partner of Jackson Walker L.L.P. in Dallas. He is engaged in a corporate, partnership, securities, mergers and acquisitions ... When a GSAR provision or clause is used without deviation in a solicitation or contract, it shall be identified by number, title, and date ( e.g., 552.211-77, ...

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Hawaii Negotiating and Drafting Further Assurances and Pre-Closing Assurances Provisions