Environmental indemnity for a share purchase agreement

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

  • Brexit impact

Produced in partnership with DLA Piper UK LLP

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

  1. 1

    Definitions

  2. In this schedule:

    Environment

    1. means any and all living organisms or ecosystems (including, without limitation man, flora and fauna), and the media of air (including without limitation, air within buildings, other man-made structures and natural structures above or below ground), water (including without limitation controlled waters as defined in section 104 (1) of the Water Resources Act 1991, and water within drains and sewers), and land (including without limitation buildings and other man-made structures above or below ground);

    Environmental Agreement

    1. means an agreement, covenant, guarantee, indemnity or other enforceable obligation entered into or agreed before Completion under which a Target Group Company has a duty, obligation or liability (actual, contingent or otherwise) to remediate pollution or contamination of the Environment or otherwise to restore, pay, compensate or reimburse in respect of remediation or harm caused by pollution

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