Legal Due Diligence · glossary

Waiver

A party's binding promise not to use a right it holds. The Sunrise report recommended that Atlas and Meridian approach Novapay together for a waiver of its change-of-control right. In practice, written comfort short of a waiver is often all that is on offer. Chapter 7

Explained in Chapter 7, Material Contracts, of Legal Due Diligence.

The main page for this term is Waiver, in Finance Deals & Syndicated Lending.

How it comes up, in Chapter 7
A waiver would be Novapay's binding promise not to use its right. Asking for one tells Novapay that a sale is coming. So the two sides approach it together, once, and only when they are serious. In practice, written comfort short of a waiver is often all that is on offer.
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