Illinois Clauses Relating to Termination and Liquidation of Venture
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FAQ
Exit clauses are mechanisms that allow the parties to protect their interests when one of the reasons to exit a JV arises. If drafted correctly, they can provide a party with an elegant and equitable solution to exit a JV by disposing its shares or to take full control of it by acquiring the shares of the other party.
A standard exit plan may have the following steps: Sale of the assets. Transfer of the interests from one joint venture member to the other. Listing of the Joint Venture on a public exchange. Sale of the interests to a 3rd party.
Termination clauses, also sometimes called severance clauses, are written into employment contracts. The clause provides a pre-set agreement on what will happen when the employee is terminated in terms of how much notice they get and/or what sort of payment they will receive.
In most joint ventures, an exit strategy can come in three different forms: sale of the new business, a spinoff of operations, or employee ownership. Each exit strategy offers different advantages to partners in the joint venture, as well as the potential for conflict.
The terminating party should make an exit plan or strategy to terminate the joint venture. A standard exit plan may have the following steps: Sale of the assets. Transfer of the interests from one joint venture member to the other.
Exit mechanisms can include the right to put (i.e., sell) a partner's shares to remaining partners, to call (i.e., buy) its partners' shares, to trigger a buy/sell provision, to terminate the venture, or to sell to a third party at a negotiated price.
