New Mexico Right of First Refusal and Co-Sale Agreement

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Multi-State
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US-TC0211A
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Description

This is a "Right of First Refusal and Co-Sale Agreement." It is entered into by the corporation and the purchasers of preferred stock. It gives the company and the purchasers of preferred stock certain rights of refusal and options upon the transfer of stock.

The New Mexico Right of First Refusal and Co-Sale Agreement is a legal document that outlines the rights and obligations of parties involved in the sale or transfer of property or shares. It is a commonly used agreement in real estate and corporate transactions in New Mexico. The Right of First Refusal provision gives a designated party the first opportunity to purchase a property or shares before the seller offers it to others. This provision ensures that the designated party has priority and can match the terms of any third-party offer. It allows the designated party to maintain or increase their ownership interest in the property or shares. In New Mexico, there are two types of Right of First Refusal and Co-Sale Agreements commonly used: 1. Real Estate Right of First Refusal and Co-Sale Agreement: This agreement is used when a property owner wishes to sell their property and has identified a potential buyer. The agreement grants the right to another party, typically a tenant or adjacent property owner, to purchase the property at the same terms and conditions as the offer received by the seller. This type of agreement is prevalent in commercial real estate transactions, where maintaining control over nearby properties is essential for business operations or future development plans. 2. Co-Sale Right of First Refusal Agreement: This agreement is commonly used in corporate settings when shareholders wish to maintain their ownership levels in the company. When a shareholder plans to sell their shares, this agreement grants other shareholders the right to purchase a proportionate number of shares. The purpose is to prevent dilution of ownership and maintain a fair balance of control among existing shareholders. Both types of agreements serve as protective measures for parties involved, allowing them to safeguard their interests and ensure they have a fair opportunity to maintain their ownership position or benefit from the sale of a property or shares. In conclusion, the New Mexico Right of First Refusal and Co-Sale Agreement is a legal document that outlines the rights and obligations of parties involved in property and share transfers. It includes provisions that grant a designated party the first opportunity to purchase the property or shares, ensuring they have priority and the ability to match any third-party offers. The two main types of agreements used in New Mexico are the Real Estate Right of First Refusal and Co-Sale Agreement and the Co-Sale Right of First Refusal Agreement, each serving different purposes in real estate and corporate transactions.

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FAQ

ROFR is a contractual obligation that binds both a prospective real estate buyer ? for example, a potential homeowner looking for an apartment, condo or single-family residence ? and a seller.

A right of first refusal is a contractual right giving its holder the option to transact with the other contracting party before others can. The ROFR assures the holder that they will not lose their rights to an asset if others express interest.

In some cases, a right of first refusal may give the holder the right to purchase the property at a specified ?bargain? price. Such provisions may be held unenforceable, especially if it is apparent that the specified price is significantly less than fair market value.

Right of first refusal and co-sale agreement or ROFR for short, involves an agreement or clause that mandates a party provides notice before a transaction. Additionally, this agreement requires that an option is provided for the other party to refuse this transaction.

A right of first refusal is often given as a harmless throwaway in the course of negotiating a deal. This is usually a serious mistake. A right of first refusal is a serious detriment to the value and marketability of property and often leads to litigation.

A ROFR is essentially an option to buy a property before it's sold to another buyer. The seller and the holder can choose to agree on a price and other terms in the ROFR or negotiate later. The option could end at a specific date in the future, and the owner doesn't have to sell if the terms aren't already established.

Where the right of first refusal exists, a Landlord must, under the Act, first offer the premises to the Qualifying Tenants, before offering it on the open market, or for sale by auction. He must serve formal notices on the Qualifying Tenants. These notices are known as Section 5 Notices.

The first right of refusal contingency allows the seller to continue to market the property and seek other offers while the buyer tries to satisfy the contingency to sell their own home.

More info

Select the submit file format and down load the legitimate papers template in your gadget. Comprehensive, revise and print out and indication the obtained New ... “Secondary Refusal Right” means the right, but not an obligation, of each Investor to purchase up to its pro rata portion (based upon the total number of shares ...This contract clause is negotiated before the home reaches the market and has a few elements. Real estate lawyers help sellers and buyers determine the terms of ... The right of first refusal (ROFR) is a contractual right between two parties: the grantor and the holder. The grantor owns an asset which the holder may, ... This agreement regulates the mechanics of sales and transfers of the Company's shares. ... the Right of Co-Sale (set forth in Section 4). 07/08/2019 (Blockstack ... Aug 6, 2022 — Consult with an attorney before entering into a right-of-first-refusal agreement. And as with any contract, read your contingency thoroughly to ... (a) Seller, to induce Buyer to enter into this Agreement and to complete the sale and purchase of the Property hereunder, represents, warrants and covenants to ... Right of first refusal is a contractual right to enter into a business transaction with a person or company before anyone else can. Aug 12, 2023 — If you want to fill out this real estate contract, you only have to download our customizable template, complete the information for each party, ... Oct 16, 2017 — Alternatively, the ROFR may require that a complete copy of the proposed agreement with the third party purchaser be provided to the ROFR holder ...

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New Mexico Right of First Refusal and Co-Sale Agreement