Court Casts Doubts on Value of Information Disclaimers in Lease Syndications

In a standard lease syndication transaction, the lease syndicator (<i>ie</i>, the seller of the lease) wants to ensure that it is not responsible for the accuracy or completeness of the underlying lessee's financial data. The seller thus typically requires its buyer to affirmatively acknowledge that the buyer itself has made a complete and independent investigation of the lessee's financial condition and is fully satisfied with the lessor's credit standing. The buyer will also be expected to acknowledge that, in acquiring the syndicated lease, it is in no way relying on the seller's business judgment or financial expertise, and has not relied on any information provided by the seller as to the lessee's financial condition.

29 minute read August 01, 2005 at 11:05 AM
By
Raymond W. Dusch
Court Casts Doubts on Value of Information Disclaimers in Lease Syndications

In a standard lease syndication transaction, the lease syndicator (ie, the seller of the lease) wants to ensure that it is not responsible for the accuracy or completeness of the underlying lessee's financial data.

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