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Replace Image in the Share Purchase Agreement

Replace Image in the Share 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 should be included in a share purchase agreement?

A SPA should specify the sale price for the shares, specify the currency and timescale for the sale, and list any other conditions like staged payments. Usually, payment is made in cash, although sometimes the buyer may offer the seller some of its shares, or issue loan notes to the seller.

What is the difference between a representation and a warranty MA?

A representation is an assertion of past or existing fact given by one party to induce another party to enter into an agreement. A warranty is a promise that the assertion of existing fact or future facts are or will be true, along with an implied promise of indemnity if the assertion is false.

What is the main difference between representations and warranties versus covenant?

The key difference among these words is temporal past and present for representations; past, present, but mainly future for warranties; and mainly future for covenants.

What are representations and warranties in a share purchase agreement?

A representation is an assertion as to a fact, true on the date the representation is made, that is given to induce another party to enter into a contract or take some other action. A warranty is a promise of indemnity if the assertion is false.

What is the difference between warranties and representations?

Representations and warranties are different. A representation is a statement of fact; a warranty is a promise of fact. Admittedly, they can look very similar. Language such as I am a licensed contractor could be a representation, a warranty, or both.

What is the difference between representations and warranties and indemnities?

An indemnity is a promise to reimburse another for loss arising. The principle difference between an indemnity and a warranty or representation is that there is no duty to mitigate loss when claiming under an indemnity. All losses are recoverable under an indemnity.

What is an example of representation and warranties?

Every contract between two parties includes representations and warranties. For example, if you decide to go to an auto dealership to buy a car, you would enter this transaction with several representations, such as: The car is actually what the seller represents it to be, in terms of model and make.

Is a share purchase agreement legally binding?

A share purchase agreement is a legally binding contract relating to the sale and purchase of a companys shares, including what is being sold, to whom and for how much, and any other obligations as between the parties.

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