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Series 79: M&A, Tender Offers & Restructuring
Series 79 practice questionmediumRepresentations and Warranties

The agreement contains a $500,000 deductible basket and a $5 million cap. If a covered $600,000 claim is made, how much is potentially payable?

  1. A$0, the basket is not met
  2. B$5 million, the cap applies
  3. C$100,000, the amount exceeding the basket✓ Correct answer
  4. D$600,000, the full claim
Explanation

Why C$100,000, the amount exceeding the basket

With a deductible basket, only losses above $500,000 are payable, so the amount is $100,000. With a tipping basket, the full $600,000 could become payable once the threshold is crossed; the agreement must specify the type.

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