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Hide Calculations into the Stock Purchase Agreement

Hide Calculations into the Stock Purchase Agreement and eSign it in minutes

Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

What is the purpose of a working capital adjustment?

The purpose of a working capital adjustment is to protect the buyer so that the seller does not manipulate the operations between the time of the signing of the purchase agreement and closing by taking out all the working capital before the seller hands the business to the buyer.

What does working capital mean in stock purchase agreement?

A simplified definition of net working capital is a companys current assets (less cash) minus its current liabilities (less debt). Or, in even simpler terms, the amount of money it takes to generate the income that a buyer might expect during a cash cycle.

What should be included in a stock purchase agreement?

A stock purchase agreement typically includes the following information: Your business name. The name and mailing address of the entity buying shares in your companys stocks. The par value (essentially the sale price) of the stocks being sold. The number of stocks the buyer is purchasing.

What is an example of a working capital adjustment?

For example, if the target NWC is $1,000,000 but actual working capital at closing is just $700,000, the seller would pay or credit the buyer an additional $300,000 in adjusted purchase price. Most (but not all) adjustments are two-way and adjust in the sellers favor if actual NWC exceeds the NWC target.

What is the working capital adjustment on a stock purchase agreement?

A purchase price adjustment based on the working capital (current assets minus current liabilities) of the target corporation or business. This is the most common type of purchase price adjustment. Most businesses need a minimum amount of working capital to maintain their operations.

Can you exclude assets in a stock purchase agreement?

Purchased Assets and Excluded Assets This can manifest in the agreement in one of two ways - the agreement can list only the assets that the buyer will choose to purchase, or an agreement can state that the buyer will purchase all the assets of the business, excluding certain listed assets.

What is a working capital adjustment in purchase price?

What Is a Working Capital Adjustment? A working capital adjustment is an adjustment of the purchase price based on the working capital of the target company or business in a merger and/or acquisition. Generally, companies need a minimum amount of working capital to continue with their operations.

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