Environmental 'Sandbagging' In Corporate Transactions

, The Connecticut Law Tribune

As in the golfing world, sandbaggers exist in the corporate mergers and acquisitions world, where "sandbagging" occurs when a buyer, who becomes aware pre-closing that a particular representation or warranty (or covenant) made by the seller in the transaction agreement is untrue, nevertheless proceeds to close the deal, and later seeks post-closing indemnification from the seller for a breach.

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