Asset purchase transactions (EHS issues)—warranties
Asset purchase transactions (EHS issues)—warranties

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • Asset purchase transactions (EHS issues)—warranties
  • Acting for a seller
  • Acting for a buyer
  • Disclosure

Acting for a seller

The Precedent: EHS warranties—asset purchase agreement—seller’s version contains a minimal set of environment, health and safety (EHS) warranties when acting for a seller. The definitions are wide and no warranties are given in respect of contaminated land. The warranties are restricted to the following key issues:

  1. environmental permits

  2. compliance with EHS law

  3. claims and litigation

Practitioner tip
Since other warranties in the asset purchase agreement (APA) could potentially relate to EHS matters—in particular:
  1. the general warranties on compliance, litigation and permit