even though instructions say not to).

Caterer operates a large, commercial catering business. Last week, Caterer reached a preliminary oral agreement to sell the entire business to Buyer. You will be preparing the written agreement for the parties to sign. In preparation for that, review the deal points identified below and for each prepare a written explanation of why it should or should not be each of the following: Representation Warranty Covenant Condition to an obligationDraft the provisions Note, it might be appropriate and desirable for any individual deal point to be expressed as more than one type of contract term.

A. The financial statements about the business previously provided by Caterer to Buyer are correct. B. The business will suffer no material adverse change between the time the parties sign the written agreement and the time they close the transaction (i.e., when the seller transfers the business assets and the buyer pays the purchase price). Assume that material adverse change, while vague, is a term commonly used in agreements of this type and needs no definition. C. No key personnel will leave the business prior to the closing. Assume that key personnel is a term that will be defined elsewhere in the agreement.