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What is an Asset Acquisition? An asset acquisition is the purchase of a company by buying its assets instead of its stock. In most jurisdictions, an asset acquisition typically also involves an assumption of certain liabilities.
Unlike an asset purchase, where the buyer simply buys the assets of the company, an equity purchaser actually buys the company itself, which can be beneficial if the company is performing well or has additional value as a going concern.
Parts of an Asset Purchase Agreement Recitals. The opening paragraph of an asset purchase agreement includes the buyer and sellers name and address as well as the date of signing. Definitions. Purchase Price and Allocation. Closing Terms. Warranties. Covenants. Indemnification. Governance.
A Definitive Purchase Agreement (DPA) is a legal document that records the terms and conditions between two companies that enter into an agreement for a merger, acquisition, divestiture, joint venture, or some form of strategic alliance.
Business Asset Purchase Agreement (APA): What You MUST Know! Preamble and Recitals. Identifying the Parties Involved. Purchase Price and Payment Terms. Representations and Warranties of the Buyer and Seller. Conditions to Closing and other Obligations of the Parties. Termination Provisions. Miscellaneous Terms.
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Asset purchase agreements help you grow your business and get what you need to run it profitably. They help protect you from liability and outline the details of the transaction to protect both buyer and seller.
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.
When a company purchases the assets of another company, the general rule is that all debts and liabilities of the selling company will remain with it and are not assumed by the buying company.
Assets include physical items such as machinery, property, raw materials and inventory, and intangible items like patents, royalties and other intellectual property.
The buyer takes on all of the sellers debts and obligations, whether theyre known or unknown at the time of the sale. A known liability might be a business loan that is recorded in the companys books.

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