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A definitive agreement, also known as a share purchase agreement, is a legal document outlining the terms and conditions of a merger, acquisition, divestiture, or strategic alliance between two companies. It serves as a mutually binding contract between the buyer and seller. The agreement is prepared by the seller's legal counsel, in consultation with the seller and its bankers, and is distributed to potential buyers during the second round of the sale process, typically at the end of the due diligence phase. Buyers then provide specific feedback on the draft document based on their diligence efforts, which is included in their final bid package.
