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Asset Purchase Agreement Issues

Often, the contract for the sale of assets is signed, but the conclusion takes place only after the conclusion of the due diligence. If this is the case, the contract for the sale of assets contains provisions concerning the operation of the transaction by the seller before the conclusion. These items contain assurances and guarantees that the seller gives to the buyer and vice versa. Insurance and guarantees are promises made by a party about itself, business and assets. These commitments by the seller induce the buyer to purchase the assets. For large agreements, representatives and warranties can cover dozens of pages. For small transactions, lawyers can often narrow down the provisions of this article, but chances are you still have a large number of insurances and guarantees that the seller must provide, regardless of the purchase price. In principle, in the event of an asset purchase, certain assets are purchased by „the company“ itself as the owner of those assets. In contrast, the purchase of shares includes the shares of a company acquired under a contract for the sale of assets and a contract that assigns the terms of a sale of assets. Such an agreement is necessary even if only part of a company`s assets are sold. Some transfers of assets when selling assets, such as the transfer of intellectual property rights or real estate, make such a contract even more difficult. If the total purchase price is known before the transfer of the transaction is completed or if it is likely that the value of the assets to be transferred (e.g.B.

are the actions so strong that the parties must agree on the payment price on the day of their completion, unlike what happened before? Does part of the purchase price have to be paid at some point after completion, for example. B after a decision in shares or based on income from assets? 9. How is the purchase price determined and paid? Is there a consent letter or terms that reflect the commercial intentions of the parties? If so, this should be brought to the attention of legal advisers (if these advisers were not involved in the initial phase). An asset purchase agreement (APA) is the most widely used document for business transactions, for example. B for the purchase of raw materials, shares, companies and real estate. This type of contract is essential for commercial activity.

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