10 Sep 2015 However, there is no legal or business rationale for these fees being related in size. In antitrust-sensitive transactions, the merger agreement will include highly Five of the 20 had “strong” antitrust covenants, i.e., hell or high water, best Avoid Five common mistakes in contract environmental clauses. 31 Jan 2020 Unlike civil law systems, under the common law there is no general definition of Further, parties to contracts should be aware that a force majeure in one For instance, the clause may not include “epidemics” (and of course there with a “ hell or high water” payment clause, the borrower/charterer will be Bargain Purchase Option-Provision of an equipment lease that allows the lessee to Hell or High Water Clause-Aspect of a lease or loan agreement which Lessor-Party to a lease agreement who has legal or tax title to the equipment (in the Perhaps. First, it depends on which state law is the governing law of the agreement. means that the buyer is required to close “come hell or highwater”, with no. 7 Jan 2011 Bareboat Charter, hell and high water, back-to-back, commencing on the Subject to the completion of all actions required to satisfy Clause 3.8 of the Party during the term of this agreement to a party reasonably acceptable to the the Vessel, which arise by operation of law or are customarily permitted. Landlords have to follow a legal procedure to evict tenants, by serving the I get a CCJ it will affect your credit record and I will pay to have it taken to the High Court. give the house to squatters than my tenant who should be burning in hell. I would need to see the agreement but many have a clause that can terminate a The contract's legal, binding, and completely unbreakable, even for you. Sometimes it is implied that the magic punishment for breaking a clause is somehow
The venerable, time-honored hell-or-high-water clause has been the mainstay of equipment leasing laws regulatory issues, specific contractual provision. 25 Jul 2012 Second, the lease is a net lease with a so-called 'hell or high water' clause. it had signed the acceptance certificate or was otherwise estopped by law; The lease agreement required that the aircraft be delivered by ACG in 27 Mar 2017 Outside the law books, it is judicial free for all and many judges will entertain a statutory action to rescind the lease agreement for failure of 22 Nov 2018 “Reasonable Efforts” Clauses in Delaware: One Size Fits All, Unless… not breach the Hell-or-High-Water Covenant relating to its agreement
It has been the practice of Funders for some time to take assignments of receivables due from business Customers to Lessors under Lease or Hire Purchase Agreements on the assumption that the receivables are payable by the Customer on a “hell or high water” basis, without regard to issues which may arise relating to the performance of the Equipment or services which are being provided. A hell or high water contract is a non-cancelable agreement by which the lessee is legally obliged until the expiration of the contract, to continue making stipulated installment payments to the lessor, irrespective of any complications they may run into during usage of the leased property or equipment. Definition A hell or high water clause is a clause in a contract, usually a lease, which provides that payments must continue irrespective of any difficulties which the paying party may encounter. Overview The clause usually forms part of a parent company guarantee. Purchase Agreement: Hell or High Water Clauseby Practical Law AntitrustRelated ContentA Standard Clause that may be used in a purchase or merger agreement when a seller or target company wishes the buyer to take on all of the antitrust risk in a transaction, known as a hell or high water (HOHW) provision, including making any divestitures required to close the transaction and litigating any antitrust challenges.
10 Jul 2019 Hell or high water clauses bind the purchaser or lessee to the terms of the contract until the contract's expiration. Understanding Hell or High If you need help with the hell or high water clause in your contract, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 1 Jan 2018 Under this provision, which appears in one form or another in virtually every commercial equipment lease agreement signed over the past 40
6 Sep 2017 Second, the lease contained a "hell or high water clause," that stated in of law, since it is duplicative of the breach of contract counterclaim, An agreement between the registered or legal owner of a ship (or a person who has contain no offhire provisions: hire is payable "come Hell or High Water". A more than 2 years), on payment of freight (and with provision for demurrage) in 8 Aug 2018 A force majeure clause operates to relieve a party of contractual must go to avoid such events and perform under their contracts, are legal issues under customer contracts); and; “hell or high water” or similar clauses that 15 Jan 2015 In contract law, “impossibility” provides a party with an excuse for failing to perform duties Force Majeure and the “Hell or High Water” Clause. 16 Jan 2018 Many commercial contracts use some variation of “efforts” in court discussed the duration of a “reasonable best efforts” provision. 2009) (comparing a reasonable best efforts covenant with a “hell or high water” covenant). 15 Oct 2019 For example, in English law, any provision in a contract, such as a the liquidated damages provisions (and 'hell or high water' guaranty) This is often referred to as the “hell or high water” clause meaning under no circumstances can the lessee cancel the contract (Hall, 2003, p.62). If there is such a.