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An equity purchase agreement, also known as a share purchase agreement or stock purchase agreement, is a contract that transfers shares of a company from a seller to a buyer. Equity purchases can be used to acquire a business in whole or in part.
A standby equity purchase agreement is a contract between a company and investor that allows the latter to purchase shares of company stock at a set price. The standby equity purchase agreement is typically used when a company is planning to go public or is seeking to raise additional funds through a private placement.
In a standby agreement, the underwriter agrees to purchase any remaining shares at the subscription price, which is generally lower than the stock's market price. This underwriting method guarantees the issuing company that the IPO will raise a certain amount of money.
In a SEDA contract, a publicly traded company arranges to raise additional capital by selling new stock without making a public seasoned equity offering. A financial entity agrees to privately purchase a defined maximum of shares to be offered in specified lots (tranches) over a specified period.
A Stock Purchase Agreement is used for the purchase and sale of outstanding stock of a business. The agreement typically includes purchase and sale terms, representations and warranties, covenants, conditions precedent, termination, and indemnification provisions.