Front Matter
Contents
Preface
abs and Contracts
Drafting Functional abs Contracts: How Contracts Can Achieve Reasonable abs Objectives
Planning and Negotiating the Contract
"Make Sure You Contract with the Right Parties": Addressing the Challenges of Contracts with Companies and other Entities
"Be Specific and Concrete": The Subject Matter (Res), Functional Clauses and Objective of the Contract
"Manage and Address Major Risks": The Third-party Transfer Challenge
"Know the Possibilities and Limitations of Contract Law": Contract Validity, Equity and Enforceability
"Expect the Best; Plan for the Worst": Contract Provisions that Improve Enforceability and Address Contract Amendment
"Protect Contractual Expectations to Minimize the Need for Litigation": Guarantees, Incentives, and Other Security Arrangements
"Avoid Making Legal Assumptions": The Perils of Relying on a "Governing Law" Clause and/or "Private International Law"
Contract-related Provisions of abs Regime Instruments
The Risks and Benefits of Shortcuts: Models, Forms, Guidelines and Existing-contract Examples
Conclusion.