A Basic Primer on Selling a Business: Summary - An Overview of Business Sale Processes
A Basic Primer on Selling a Business: What legal issues will buyers usually be concerned about when reviewing contracts?
A Basic Primer on Selling a Business: How to handle the “bad news” about a business being sold
A Basic Primer on Selling a Business: What kinds of information will buyers of a business want to see?
A Basic Primer on Selling a Business: How do people value a business?
A Basic Primer on Selling a Business: What are the key stages in the process of selling a business
A Basic Primer on Selling a Business: The role of financial statements and the misguided view that they are all that matters
A Basic Primer on Selling a Business: Case Studies in Selling a Business as an Information-Sharing Process
A Basic Primer on Selling a Business: Why selling any business is a challenging information-sharing process
A non-compete clause is a type of restrictive covenant under which one party promises to refrain from engaging in certain competitive activity against another.
An insurance clause is a contractual provision that establishes what insurance one or more parties must procure in connection with an agreement.
Shipping terms (or delivery terms) are contractual provisions that establish the legal and commercial rules for effecting delivery of goods under an agreement.
Price Adjustment Clause
A price adjustment clause is a contractual provision that establishes rules for adjusting the contract price in response to one or more triggering events.
Inflation Adjustment Clause
An inflation adjustment clause is a contractual provision that requires certain amounts to be adjusted periodically to track changes in inflation.
Payment terms are contractual provisions that establish rules for when and how payment for goods or services supplied under a contract must be made.
Limitation of Liability Clause
A limitation of liability clause sets the boundaries of a party’s financial liability when defects in its performance cause another party to experience losses.
A renewal clause is a contractual provision that gives one or more parties the right to renew or extend the term of an agreement.
Most Favored Nation Clause
Most favored nation clauses are contract provisions that require that a party must receive rights and benefits under the contract that are equal to or more favorable than the rights and benefits received by any other parties.
An exclusivity clause grants exclusive distribution rights, exclusive licenses and other exclusive rights. It can also be an obligation to purchase all of a party’s requirements for a product or service from the other party and prohibitions against selling products or services to competitors.
Force Majeuere Clause
A force majeure clause is a contractual provision that establishes what happens to performance under the contract if a “force majeure” event occurs. “Force majeure” events are events beyond the parties’ control, such as accidents, acts of war or terrorism, civil or military disturbances, and nuclear or natural catastrophes or acts of God.
A termination clause is a contractual provision that sets forth the circumstances under which agreements may be terminated, including the effects of termination, such as payments and other rights and obligations of the parties
An assignment clause regulates the extent to which a party’s interest in a contract may be assigned to another party; anti-assignment clauses are common because without them, generally, contracts are freely assignable.
Automatic Renewal Clause
An automatic renewal clause is a contractual provision that automatically extends the term for a specified period of time.
An indemnification clause is a provision in a contract that establishes when and to what extent one party will assume liability for the losses of another.
A notice clause is a contractual provision that stipulates how and to whom notice must be given under a contract for it to be legally binding.
The term clause is a contractual provision that defines the period when the contract begins and how long it will last.