R&W and sandbagging in M&A
Mount St Quentin - Arthur Streeton Para ver la versión en inglés ir a este enlace . In M&A, private equity, and venture capital the use of representations and warranties (R&W) is complemented by sandbagging clauses. These types of clauses can be classified in various ways but basically include anti-sandbagging clauses and pro-sandbagging clauses, depending on whether their content affects the R&W in a way that benefits one party or the other. About the use of R&W the following post of the blog can be read: “ Types of representations and warranties ”. If R&W are made directly and without conditions or limitations, the seller (or the company/shareholders receiving the investment) is liable to the purchaser or investor for their veracity. If the representations made by the seller are not correct, the purchaser can claim for non-compliance with the relevant representation. Along with the provision of R&W, qualifications or limitations to such R&W can be in
