Commentary

33.4 Drafting points—further assurance clause

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

33.4 Drafting points—further assurance clause

| Commentary

33.4 Drafting points—further assurance clause

  1. (a)

        For most routine transactions, a simple clause is adequate to provide that a party will execute any necessary documentation1.

  2. (b)

        In appropriate cases, one party only may have the responsibility under a further assurance clause2, for example, if only one party is benefit from a transaction, or it is conventional for that type of transaction for a party to be responsible and pay the costs of carrying out further assurance activities.

  3. (c)

        It may be necessary to take more steps than just signing documentation such as checking the title to assets (such as

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