Business sale agreement—pensions warranties (where buyer provides future pension benefits)
Business sale agreement—pensions warranties (where buyer provides future pension benefits)

The following Pensions precedent provides comprehensive and up to date legal information covering:

  • Business sale agreement—pensions warranties (where buyer provides future pension benefits)

This precedent has been prepared on the basis that the drafter is acting for the buyer

The following warranties have been drafted for a transaction where:

    1. 1

      the Buyer will provide pension benefits in its own arrangement or with an appointed provider, and

    1. 2

      Employees’ past service benefits will not be transferred to the Buyers’ arrangement.

You are strongly advised to involve a pensions specialist at the earliest opportunity.

    1. 1

      Definitions

      For the purposes of paragraphs 2 to 7 inclusive:

      Employee means [[define as necessary either by class or named individuals];

      Pension Scheme[s] mean[s] [[name(s) of scheme(s)] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or similar benefit to be given on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in relation to the service or historic service of an Employee or any other person, or for the benefit of that individual’s dependants].

    1. 2

      No other obligations or commitments

      1. 2.1

        Except as provided for by the Pension Scheme[s], [the Seller] is not participating and never has participated in any agreement or arrangement, or has entered into any obligation or commitment (whether funded or unfunded and whether legally binding or otherwise), to provide or contribute towards any pensions, annuities, lump sums, gratuities or similar benefits on retirement, ill-health, death or change in service status, or pursuant to a pension sharing

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