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How to White Out Asset Purchase Agreement

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Sameer Shah, an M&A partner at Catharine's Corporate M&A Group, welcomes viewers to the second webinar of the M&A Academy program. This initiative aims to impart foundational legal knowledge about M&A issues and processes to corporate executives and in-house legal teams. The first webinar in March saw a remarkable turnout with hundreds of attendees, thousands of registrations, and significant views on YouTube. The response has been overwhelmingly positive. For viewers, links to the first webinar and future programs will be provided in the video’s captions and comments. M&A is a crucial aspect of the firm’s practice, with over 60 dedicated partners, especially as India undergoes significant growth in M&A transactions.

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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.

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Is an asset purchase agreement binding?

Unlike a letter of intent, an asset purchase agreement is structured to be a binding contract.

What can be included in purchasing agreement?

At its most basic, a purchase agreement should include the following: Name and contact information for buyer and seller. The address of the property being sold. The price to be paid for the property. The date of transfer. Disclosures. Contingencies. Signatures.

What are the important clauses for asset purchase agreement?

Three of the most important provisions in an asset purchase agreement are: a material adverse change clause, a non-compete agreement, and indemnity and liability provisions. The most common way to buy or sell a business is to use an asset purchase agreement.

What is included in an asset purchase agreement?

The agreement describes the assets that will be purchased, including important details like price, warranties, and bdocHub of contract provisions. With contract management software, your company is able to manage these complex agreements effectively.

What is included in an asset purchase?

In an asset purchase, the buyer agrees to purchase specific assets and liabilities. This means that they only take on the risks of those specific assets. This could include equipment, fixtures, furniture, licenses, trade secrets, trade names, accounts payable and receivable, and more.

What assets are included in an asset sale?

In an asset sale, the seller retains possession of the legal entity and the buyer purchases individual assets of the company, such as equipment, fixtures, leaseholds, licenses, goodwill, trade secrets, trade names, telephone numbers, and inventory.

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.

Who prepares the asset purchase agreement?

As the seller may own several businesses the accounts of the parent company may differ from the accounts that are required for the asset purchase agreement. As such the seller will have to prepare a set of accounts relating to the assets set to be purchased.

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White Out Asset Purchase Agreement