GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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15:57 Jan 4, 2017 |
Italian to English translations [PRO] Bus/Financial - Business/Commerce (general) / Articles of Association | |||||||
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| Selected response from: James (Jim) Davis Seychelles Local time: 15:53 | ||||||
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Summary of answers provided | ||||
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4 +1 | guarantees |
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4 | warranties |
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warranties Explanation: A warranty in a contractual agreement (such as a share purchase agreement for example) is a statement or assurance given by the seller to the buyer that a certain state of affairs exist. I think this is perhaps what is being referred to here. https://www.lexisnexis.com/uk/lexispsl/property/document/393788/5B32-SPS1-F18C-4160-00000-00/Warranties%20and%20indemnities%E2%80%94overview |
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guarantees Explanation: Here information is being given by the seller to the co-seller about the buyer: "forma giuridica, nazionalità, ammontare e distribuzione del capitale so ciale, sede sociale e soggetto controllante,". This information includes "il corrispettivo, i termini di pagamento, le garanzie ed ogni altra condizione, anche accessoria". In this context "garanzie" must be guarantees that the buyer has the funds to pay and will pay. Often a buyer of a company will take out bank loans to fund the purchase. The seller will need some guarantee that the bank or banks will make the loans. Often payment is not cash on the nail but is deferred. This is common with "earnouts" where extra amounts are paid by the buyer in future years if the company purchased makes profits. The seller will need guarantees from buyer that it will be able to make these payments. The guarantees may be secured with collateral or unsecured. They may be simply involve disclosure of loan agreements showing the ability to pay. |
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