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Expert Analysis

Reps And Warranties Survival: Avoid Unpleasant Surprises

Law360, New York (May 23, 2014, 12:10 PM EDT) -- Survival of representations and warranties is among the staples of highly negotiated provisions in mergers and acquisitions purchase agreements. The length of the survival period limits the time during which claims may be brought for breaches of reps and warranties. When negotiating such survival periods, it is critical to understand the role of the applicable statute of limitations. Failure to do so can potentially leave the unwary buyer without recourse for breaches of reps and warranties, despite express wording in the purchase agreement to the contrary....

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