The biggest difference is that an SPA is the sale of all shares, and an APA is the sale of selected assets. Therefore, they are both different transactions and have different procedures. 2. With a SPA, all shareholders in the company must be consulted and agree to sell their shares in the company.
While an SPA includes comprehensive representations, warranties, covenants and indemnification provisions, an STA contains fewer clauses and may be suitable for simpler transactions.
Common stocks, or common shares, represent an ownership stake in a given company. When you buy common stock, you're actually buying a small part of a company. As a part owner, you may be entitled to certain benefits such as a share of company profits, and a say in certain company decisions.
Following are the key pieces of information that should be spelled out within the buy-sell agreement: List of triggering buyout events. List of partners or owners involved and their current equity stakes. A recent valuation of the company's overall equity. A funding instrument, such as life insurance policies.
Below are four critical topics you and your lawyer should consider when drafting your company's buy-sell agreement. Identify the Parties Involved. Agree on the Trigger Events. Agree on a Valuation Method. Set Realistic Expectations and Frequently Review the Agreement Terms. About the Author.
When you buy common stocks, you're actually buying a small part of the company that issued it. As an owner, you could be entitled to certain benefits, like voting rights and shares of the company's profits. And if the company does well, and the value of the stock goes up, you'll be able to sell your stock for a profit.