Oregon Negotiating and Drafting the Merger Provision

State:
Multi-State
Control #:
US-ND1805
Format:
Word; 
PDF
Instant download

Description

This form provides boilerplate contract clauses that merge prior and contemporary negotiations and agreements into the current contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

Examples of merger clauses include: Example 1: Renewing an executive director's contract. Example 2: Nullifying all other agreements when renting to a tenant. Example 3: Buying a business outright from another individual.

For example, if A owns Blackacre together with an appurtenant easement over Greenacre and later acquires fee simple title to Greenacre, A's easement interest in Greenacre would merge into his fee simple interest in Greenacre and be extinguished.

The doctrine of merger provides that when an appellate court passes an order, the order passed by the lower court is merged with that order. It was further observed that in the present case, the subject matter of the suit and that of the appeal were identical.

Essentially, you could create one new legal entity and transfer the appropriate assets and programs to that entity. By the end, there would be two separate legal entities with their own assets, essentially ?undoing? the merger.

Merger in judgment is a doctrine that treats a cause of action as extinguished once judgment has been given on it so that the claimant's sole right is a right on the judgment.

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Oregon Negotiating and Drafting the Merger Provision