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<blockquote data-quote="eleven14og" data-source="post: 130022" data-attributes="member: 18458">Why do you think Digion wants to buy Immersive?Buying Immersive can help Digion expand into the EU faster than organic growth. Digion is interested in Leon Alexander and Maria May. This acqui-hire can bring talent to Digion. It can also reduce competition as Immersive is popular among game developers.How would you advise Elena handle the situation with Tristan?Elena can enter into an NDA containing a non-solicitation clause with Immersive. To better mitigate risk, Elena can choose not to hire Tristan because of his behaviour.What is the purpose of Clause 5 in Document 3?Clause 5 provides that certain parts of the contract will only come into force if and when agreed conditions are met. This is to prevent the buyer entering into a bad deal if the seller do not meet certain conditions. In Clause 7, note the phrase, 'The Seller’s liability under the warranties and indemnities shall be subject to limitations.' Suppose you were the lawyers acting for the Seller, what could you do to limit the Seller's liabilities? Why is this important?I would ask to insert clauses to specify the limitations of the Seller's liabilities.Why could it be important to Digion that 'the courts of England have exclusive jurisdiction to settle any dispute'?Digion's headquarter is in London so the company is more familiar with English law. It can also save Digion time and cost as disputes will be resolved in their home jurisdiction.</blockquote>

[QUOTE="eleven14og, post: 130022, member: 18458"] [B]Why do you think Digion wants to buy Immersive?[/B] Buying Immersive can help Digion expand into the EU faster than organic growth. Digion is interested in Leon Alexander and Maria May. This acqui-hire can bring talent to Digion. It can also reduce competition as Immersive is popular among game developers. [B]How would you advise Elena handle the situation with Tristan?[/B] Elena can enter into an NDA containing a non-solicitation clause with Immersive. To better mitigate risk, Elena can choose not to hire Tristan because of his behaviour. [B]What is the purpose of Clause 5 in Document 3?[/B] Clause 5 provides that certain parts of the contract will only come into force if and when agreed conditions are met. This is to prevent the buyer entering into a bad deal if the seller do not meet certain conditions. [B]In Clause 7, note the phrase, '[I]The Seller’s liability under the warranties and indemnities shall be subject to limitations[/I].' Suppose you were the lawyers acting for the Seller, what could you do to limit the Seller's liabilities? Why is this important?[/B] I would ask to insert clauses to specify the limitations of the Seller's liabilities. [B]Why could it be important to Digion that '[I]the courts of England have exclusive jurisdiction to settle any dispute[/I]'?[/B] Digion's headquarter is in London so the company is more familiar with English law. It can also save Digion time and cost as disputes will be resolved in their home jurisdiction. [/QUOTE]

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