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Material Contract means any contract, instrument or other agreement to which the Company or any Subsidiary is a party or by which it is bound which is material to the business of the Company and its Subsidiaries, taken as a whole, including those that have been filed or were required to have been filed as an exhibit to ...
2 Rather, for due diligence purposes, ?material contracts? should include all contracts entered into both in or outside the ordinary course of business that are material to the business, financial condition or prospects of the listing applicant.
Due diligence falls into three main categories: legal due diligence. financial due diligence. commercial due diligence.
Due diligence documents are the research and analysis of a company or organization done in preparation for a business transaction (such as a corporate merger or purchase of securities). Due diligence documents typically include the following categories; legal, financial, sales and marketing, and human resources.
Material terms are the terms of an agreement that go to the essence of the bargain. They are terms that are important to the deal, whereas immaterial terms (subordinate terms) are terms that are not as important. Some examples of material terms are as follows: Identification of the parties.
A Material Contracts are Valid, Binding & Enforceable Representation assures the acquirer that it can rely on the target's material contracts disclosed in connection with acquisition agreement to operate the business effectively after closing.
An example of the due diligence process in real estate would be a survey of a property for a sale by a professional and registered agent. The findings from the survey would then be given to the buyer so that they can make a fully informed decision as to whether to pursue purchasing the property.
A due diligence check involves careful investigation of the economic, legal, fiscal and financial circumstances of a business or individual. This covers aspects such as sales figures, shareholder structure and possible links with forms of economic crime such as corruption and tax evasion.