Template:Absence of litigation: Difference between revisions

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(Created page with "===Absence of litigation generally=== An absence of litigation representation seeks to address litigation carrying two particular risks: *'''Enforceability''': Litigat...")
 
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====Existentially apocalyptic {{tag|litigation}}====
====Existentially apocalyptic {{tag|litigation}}====
Look, if your [[counterparty]] is banged up in court proceedings so awful to behold that an adverse finding might bankrupt it altogether, and your credit sanctioning team hasn’t got wind of it independently then, friend, you have way, way bigger problems than whether you have this feeble covenant. And, if you are only catching it at all thanks to a carelessly given [[absence of litigation]] rep, by the time said {{tag|litigation}} makes itself known to you<ref>Judgment day, in other words.</re>''won’t it be a bit late''?  
Look, if your [[counterparty]] is banged up in court proceedings so awful to behold that an adverse finding might bankrupt it altogether, and your credit sanctioning team hasn’t got wind of it independently then, friend, you have way, way bigger problems than whether you have this feeble covenant. And, if you are only catching it at all thanks to a carelessly given [[absence of litigation]] rep, by the time said {{tag|litigation}} makes itself known to you<ref>Judgment day, in other words.</ref>''won’t it be a bit late''?  


====Pick your battles====
====Pick your battles====
All that said, and probably for all of the above reasons, parties tend not to care less about this representation too vehemently, so your practical course is most likely to leave it where you find it.
All that said, and probably for all of the above reasons, parties tend not to care less about this representation too vehemently, so your practical course is most likely to leave it where you find it.