Illinois Acquisition Agreement between GO Online Networks Corp and Westlake Capital Corp regarding purchase and sale of company shares
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FAQ
The share purchase agreement is usually drafted by the seller's lawyer, although the buyer may also seek legal advice and make revisions to the agreement.
When the acquirer uses the acquisition accounting method, the target is treated as an investment. The target's assets and liabilities are netted using current fair market value and if the amount paid for the target is greater than that netted value, the difference is considered as goodwill.
The buyer's lawyers will generally prepare the first draft of the share purchase agreement (SPA). However, in addition to precedents which assume that the drafter is acting for the buyer, we also provide precedents for drafters acting for the seller (either preparing a first draft or marking up the buyer's draft).
In a sale of shares between two parties, a draft SPA is normally drawn up by the buyer's legal representatives, as it's the buyer who is most concerned that the SPA protects them against post-sale liabilities.
Consult a business attorney to help write your stock purchase agreement or review it and make suggestions before you present it to your investor. A stock purchase agreement typically includes the following information: Your business name. The name and mailing address of the entity buying shares in your company's stocks.
Either the seller or the buyer can prepare a purchase agreement. Like any contract, it can be a standard document that one party uses in the normal course of business or it can be the end result of back-and-forth negotiations.