| Commentary

113 The aim of deadlock provisions

| Commentary

113 The aim of deadlock provisions

The deadlock provisions in the agreement should be designed to encourage the amicable resolution of any disagreement and the preservation of the company business intact. As a result, any mechanisms should be capable of reasonably speedy implementation and should be seen to be fair to both sides, possibly by involving an impartial third party whom all the shareholders respect. Of course, in discussing these provisions with a client, the legal adviser should avoid painting too rosy a picture of their efficacy. It has to be accepted that in some cases the differences between the

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