M&A Foundations · glossary

Disclosure / disclosure letter / fairly disclosed

Disclosure is the seller's shield: a matter properly disclosed against the warranties cannot found a warranty claim. The disclosure letter is the document making those disclosures (usually with the data room attached); fairly disclosed is the standard they must meet — enough detail for a reasonable buyer to see the nature and scope of the problem, not a needle buried in a haystack. SPA definition · Chapter 11

Explained in Chapter 11, Warranties and Disclosure, of M&A Foundations.

As defined in the training share purchase agreement
fairly disclosed in the Disclosure Letter or the Data Room, in each case with sufficient detail to enable a reasonable buyer to identify the nature and scope of the matter disclosed;
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Every chapter of M&A Foundations is free to read, including the full training share purchase agreement. It is part of one complete fictional deal, with every document attached and a test after every chapter. Open M&A Foundations → · All terms A–Z →