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How to Share Sales Agreement

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In the introductory segment of the webinar, Sameer Shah, an M&A partner at Kaitans Corporate M&A Group, welcomes participants to the inaugural session of the M&A Academy program. The program aims to provide essential legal knowledge regarding M&A transactions and processes, targeting corporate executives, in-house legal teams, and others interested in the field. Highlighting the significance of M&A in their practice, Shah notes that their firm has over 50 partners focused on this area, especially given the substantial growth in M&A activities in India. The webinar's focus is on share purchase agreements, emphasizing their importance due to the common practice of acquiring businesses through company shares in India.

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What happens in a share purchase?

In a share purchase, the purchaser buys the shares of the company that operates the business and that owns the assets of the business. Therefore, the purchaser would not own the business or the business assets directly but rather, through the company.

How do you write a share purchase agreement?

THIS Share Purchase Agreement (this Agreement) is made as of this [ ] day of [ ], 20, by and between, , a company organized under the laws of with its registered office at and registered

What are the key terms of share purchase agreement?

This might include provisions for price and payment, conditions precedent to sale, completion arrangements, warranties, restraints and miscellaneous provisions (such as indemnity clauses, tax provisions or confidentiality agreements).

What agreement is required to sell the shares?

A draft share purchase agreement is an agreement between two parties in which the seller agrees to sell the stated number of shares to the buyer at a particular price. The agreement is made to prove that both parties agreed to the transaction and includes various other details of the transaction.

What is the purpose of a share purchase agreement?

A Share Purchase Agreement is a document a shareholder may use to transfer their ownership of company shares (also called stock) to a buyer.

Who prepares the share purchase agreement?

The buyers lawyers will generally prepare the first draft of the share purchase agreement (SPA). However, in addition to precedents which assume that the drafter is acting for the buyer, we also provide precedents for drafters acting for the seller (either preparing a first draft or marking up the buyers draft).

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