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a definitive agreement or share purchase agreement is simply a legal document that records the terms and conditions between two companies that enter into an agreement for a merger acquisition divestiture or some form of strategic alliance it is a mutually binding contract between the buyer and seller the definitive agreement also known as share purchase agreement is a legally binding contract between a buyer and seller detailing the terms and conditions of the sale transaction in an m a sale auction the first draft is prepared by the sellers legal counsel in collaboration with the seller and its bankers it is distributed to prospective buyers and their legal counsel during the second round sale process often toward the end of the diligence process the buyers council then provides specific comments on the draft document largely informed by the buyers second round diligence efforts and submits it as part of the final bid package ideally the buyer is required to submit a form of revis
