Michigan Sample Asset Purchase Agreement between Orth-McNeil Pharmaceutical, Inc. and Cygnus, Inc. regarding the sale and purchase of assets of company - Sample
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How to fill out Sample Asset Purchase Agreement Between Orth-McNeil Pharmaceutical, Inc. And Cygnus, Inc. Regarding The Sale And Purchase Of Assets Of Company - Sample?
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FAQ
What is an asset purchase agreement? An asset purchase agreement is an agreement between a buyer and a seller to purchase property, like business assets or real property, either on their own or as part of a merger-acquisition.
The key difference is that, once executed, a PSA is legally binding and a Letter of Intent is not. A LOI is an expression of interest in making a deal, but it is not legally binding.
The purchase agreement usually is preceded in the process by a ?letter of intent? (referred to in this article as the ?LOI?). While certain terms in the LOI are legally binding, the LOI is not intended to bind the parties to do the sale itself. The LOI instead expresses the parties' intent to pursue the sale.
A letter of intent covers all the pre-terms of a binding agreement between two parties. Therefore, the parties involved opt for a letter of intent when they do not want to enter into a legally binding agreement just yet.
A letter of intent is usually non-binding in whole or in part. Binding terms may include expense reimbursement, exclusivity, dispute resolution and entire agreement clauses. Non-binding terms usually include transaction specific terms that need to be fully documented in definitive agreements before they become binding.
Letter of Intent vs. The Letter of Intent differs plenty from the Definitive Purchase Agreement. First, not all aspects of the LOI are legally binding, but the entire Purchase Agreement is almost always legally binding. The Purchase Agreement is the most important document, while the LOI is the prototype document.