Nebraska Buy Sell Clauses and Related Material

State:
Multi-State
Control #:
US-P0617-5BAM
Format:
Word; 
Rich Text
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This form is a model adaptable for use in partnership matters. Adapt the form to your specific needs and fill in the information. Don't reinvent the wheel, save time and money.
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FAQ

The following pieces of information should be spelled out in a buy and sell agreement: a list of triggering buyout events, including death, permanent disability, bankruptcy or retirement, etc. a list of partners or owners involved and their current equity stakes. a recent valuation of the company's overall equity.

There are three primary types of buy-sell agreements: 1) the ?redemption? agreement, pursuant to which the business purchases the interest of the departing owner, 2) the ?cross-purchase? agreement, pursuant to which the remaining owners buy out the departing owner, and 3) the ?hybrid? agreement, pursuant to which the ...

The valuation provision of a buy-sell agreement describes how a departing shareholder's business interest will be priced for purchase by the company or the remaining shareholders.

Some of the common triggers include death, disability, retirement or other termination of employment, the desire to sell an interest to a non-owner, dissolution of marriage or domestic partnership, bankruptcy or insolvency, disputes among owners, and the decision by some owners to expel another owner.

Any stakeholders, including partners or owners, and their current stake in the business' equity. Events that would trigger a buyout, such as death, disability, divorce, retirement, or bankruptcy. A recent business valuation. The structure by which partners would buy or sell their interest in the business.

There are four main types of buy-sell agreements. A redemption or entity purchase, a cross-purchase arrangement, a one-way buy-sell or a wait-and-see buy-sell.

Disadvantages: (1) The fixed price becomes outdated due the constant evolution of a business; (2) Owners seldom know the true value of a business and set unrealistic prices; and (3) Different triggering events may cause different values (i.e., death of an owner, retirement of an owner, removal of an owner, etc.).

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Nebraska Buy Sell Clauses and Related Material