Endeavours clauses, such as the use of “best endeavours” (which imposes the highest duty), “reasonable endeavours” (a lower duty) or “all reasonable endeavours” (somewhere in the middle), are widely used in contractual arrangements. However, a party’s obligations arising from such clauses are often disputed.

In the recent case of Astor Management AG v Atalaya Mining plc, the English Commercial Court found that an obligation to use “all reasonable endeavours” to obtain a senior debt facility was legally enforceable. In reaching its decision, the court provided some useful guidance on how such endeavours clauses will be assessed by the English courts.
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