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misrepresentationexclusion clausessyndicated lending
IFE Fund SA v Goldman Sachs International
[2006] EWHC 2887 (Comm)
Key Principle
A standard 'Important Notice' disclaimer in a syndicated-loan information memorandum, stating that the arranger makes no representation and accepts no responsibility for the accuracy or completeness of the information and is under no duty to update it, defines the basis on which the information is supplied and negates any actionable representation (including any implied representation that the arranger was unaware of facts rendering the information misleading); as a basis clause it is not an exclusion clause subject to the UCTA 1977 / Misrepresentation Act 1967 reasonableness controls.
Area of Law
General
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