Where included in the SPA/APA, It gives the buyer the option to claim under the indemnity, in addition to its ability to claim damages for breach of warranty. The clause is drafted as a covenant to pay the buyer a sum equal to its losses. This is because a covenant to pay is treated as the payment of a liquidated debt and will allow the buyer to obtain summary judgment for that debt.

Mealey’s: A District of Columbia federal judge on 30 September 2025 granted summary judgment and confirmed an International Centre for Settlement of Investment Disputes (ICSID) arbitral award worth more than €290.6m in favor of two Dutch renewable energy investors against the Kingdom of Spain, while Spain’s petition for certiorari to the US Supreme Court regarding a jurisdictional ruling in the case remains pending.

This is the risk-free rate that is now used as a base for EONIA and which will ultimately replace it. It reflects the wholesale euro unsecured overnight borrowing costs of euro area banks—see LIBOR transition.